PROTECTION OF PERSONAL DATA. HABEAS DATA

Brief Explanation of the Legal System

The Argentine Personal Data Protection Law No. 25.326 has been in force since 2000. It is regulated by Decree 1558/2001. 

This law establishes a comprehensive protection of personal data in order to protect the right of individuals to privacy and the right of access to their personal data recorded in public and private databases.

According to the Argentine law, as a general rule, the processing of personal data is legal when the interested party has given its express consent, with the following exceptions (art. 5 of the law):

(a) The information is obtained from sources of unrestricted public access;

b) The information is collected for the exercise of the roles of State authorities or by virtue of a legal obligation;

c) It belongs to lists whose information is limited to name, national identity card, tax or social security identification, occupation, date of birth and address;

 d) The information derives from a contractual, scientific, or professional relationship of the owner of the data, and is necessary for its development or fulfillment;

 e) It concerns operations carried out by financial institutions and information received from their customers in accordance with the provisions of article 39 of law 21.526.

Essential Requirements and Subject Matter Protected

The law requires the express consent in writing or equivalent form of the interested party for the processing of his personal data.

Sensitive data cannot be collected. Sensitive data are considered as those revealing racial and ethnic origin, political opinions, religious, philosophical, or moral convictions, union membership and information concerning health or sex life. There are a few exceptions set forth in art. 7 and 8 of the law.

The creation of data files is legal when they are duly registered. The competent authority is the National Registry of Databases (Registro Nacional de Bases de Datos), under the Agency for Access to Public Information (Agencia de Acceso a la Información Pública), which has enforcement powers and issues rules on the penalties applicable in case of non-compliance with data protection rules.

It is important to point out that the European Union considers the Argentine Republic as a country that guarantees an adequate level of protection (conf. 2003/490/EC: Commission Decision of June 30, 2003, pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection of personal data in Argentina).

FOREIGN NETWORK

Our Firm offers assistance regarding protection of personal data worldwide through a large network of specialized foreign associates.

This allows us to follow our clients’ international expansion, designing with them strategies adapted to the pace of their development.