file Number 020-003060/2000 of the Registry of the MINISTRY OF ECONOMY and the Bill
registered under number 25326, enacted by the NATIONAL CONGRESS on October 4,
2000, and WHEREAS:
above mentioned Bill provides for integral protection of personal data, in
accordance with the provisions of Article 43, third paragraph of the NATIONAL
29 of the Bill sets forth the creation of an Oversight Authority to take any and
all necessary steps for compliance
with purposes and provisions included in such Bill.
2 of such Article sets forth that the Oversight Authority shall serve
independently and shall act as decentralized agency within the scope of the
MINISTRY OF JUSTICE AND HUMAN RIGHTS.
SubArticle 3 of Article 29 of the Bill governs the conduct and management of such Oversight Authority.
creation of the Oversight Authority as a decentralized agency shall imply, as
any creation of a organization structure
of its kind, an increase of expenditure for the NATIONAL STATE.
this Act does not provide for financing of the Oversight Authority and Act
Number 25237: National Government
Budget for fiscal year 2000 and National Budget Act for fiscal year 2001 do not
contain any credit allocations
laws in force regulating Public Financial Management provide that any spending
increase shall provide for its respective financing.
notwithstanding the above, the creation of an oversight authority is deemed
relevant, but such competent authority
shall comply with organizational characteristics set forth by the EXECUTIVE
BRANCH as authorized by Article
45 of this Bill.
That Article 47 of the Bill sets forth that databases delivering credit information services shall delete or, if applicable, not include, any data referring to non-compliance or default in payment of an obligation, if such obligation has been settled on the effective date of this Act.
this decision would imply the loss of historical information related to credit
compliance of many system debtors, which could produce a cost increase in bank
credit operations originated in the higher risk caused by uncertainty.
according to the reasons above, we must observe Article 29, subArticles 2 and 3
and Article 47 of the Bill registered under the Number 25,326.
the proposed measure does not alter the spirit or consistency of the Bill
enacted by the NATIONAL CONGRESS.
the GENERAL OFFICE OF LEGAL AFFAIRS of the MINISTRY OF ECONOMY has been involved
the EXECUTIVE BRANCH is empowered to enact this Bill by virtue of the provisions
of Article 80 of the
PRESIDENT OF THE ARGENTINE REPUBLIC IN
AGREEMENT WITH HIS CABINET OF MINISTERS DOES HEREBY DECREE AS FOLLOWS:
Article 1: Article 29, subArticles 2 and 3 of the Bill registered under the Number 25326 be observed
2: Article 47 of Bill registered under the Number 25326 be observed.
3: With the exceptions set forth in the precedent Articles, Bill registered
under the Number 25326 be complied with and enacted as National Act.
4: The NATIONAL CONGRESS be notified.
Article 5: The National Official of Official Registry be notified. This Bill be published and filed.