Data Protection in Argentina

The right of privacy is an ample and comprehensive right. The information technology revolution has made it necessary to create appropriate legal instruments to provide an overall defense in respect of personal data.

Personal Data Protection Legislation establishes a range of obligations in order to protect personal information recorded in datafiles, registers, databases or other technical means of personal data treatment. 

Argentinian legal framework guarantees people honor, dignity as well as personal and familiar privacy in accordance with the provisions of Section 43, Third Paragraph of the National Constitution. 

According to the Law, personal data means any kind of information referred to certain or ascertainable people, both physical persons or legal entities, that is, any information that allows to identify people.

Companies and individuals who manage public datafiles or private ones for the purpose of providing reports are obliged by the Law.

Without prejudice to the liability for damages arising from the non-observance of the law, and the applicable criminal penalties, the controlling agency (Dirección Nacional de Protección de Datos Personales) may apply sanctions consisting in warnings, suspensions, or fines ranging between one thousand pesos ($ 1.000.-) and one hundred thousand pesos ($ 100.000.-), closure or cancellation of the file, register or database.

Argentina is the first Latin American country to be awarded the status of "adequate country" from the point of view of European Data Protection authorities, and this breakthrough is expected to encourage other countries in the region to work towards improving data protection rights for individuals.

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First Spam Case in Argentina: On April 7, 2006 a federal judge from the City of Buenos Aires issued the first decision in a spam case. Plaintiffs Gustavo Daniel Tanús and Pablo Andres Palazzi sued a well known spammer under the new data protection law of Argentina. In their complaint the two plaintiffs argued that section 27 of the 2000 Argentine Data Protection Law gives them a right to opt out, which the spammer did not comply with when they asked to be removed from the database (They demanded that their email be deleted from the database). In November 2003, the judge issued an injunction, declaring that during the process the defendant should refrain from sending plaintiffs additional e-mails. The injunction also forbids the transfer of the plaintiffs emails to third parties. His decision was based on the data protection law (section 1, 2, 5, 11 and 27). Finally, this month the judge issued the final decision, ordering defendants to stop any treatment of personal data of the plaintiffs and delete their personal information. The decision concludes that the sending of spam infringed the plaintiff privacy and data protection rights. Text in Spanish

PDP in the news:

PUBLICATIONS

-DATA PROTECTION LAWS OF THE WORLD

We have written and updated the Argentina country chapter of this book (Publisher: Sweet and Maxwell, UK, 2008/2010).
-EPIC Privacy and Human Rights

We have updated the Argentina country report of the Epic (Electronic Privacy Infomation Center) survey "Privacy and Human Rights" (2005, 2006 and 2007).
-BNA World Data Protection Report
"Argentina: Changes to the Data Protection Act". (World Data Protection Report. Volume 8, Number 4, April, 2008. Copyright 2008 by The Bureau of National Affairs, Inc.). 

   


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