Argentina’s Cybersecurity Landscape: A Delicate Balance Between Privacy and Protection

The Challenges of Cybercrime in Argentina

The Argentine government has made significant strides in addressing the growing threat of cybercrime, but experts warn that a lack of specific regulations on email use in the workplace remains a major concern. In 2008, Argentina’s Criminal Code was amended to include new offenses related to cybercrime, bringing the country in line with international standards set by the Budapest Convention on Cybercrime.

The Lack of Specific Regulations

Despite these efforts, some crimes continue to go unpunished due to the lack of specific laws governing certain types of cybercrimes. The issue of email use in the workplace is a particularly delicate one, as it raises questions about employee privacy and employer control. While there are no specific regulations governing email use in Argentina, employers are advised to establish clear policies outlining their expectations for employee communication.

Balancing Employee Privacy and Employer Interests

“The Labor Contract Law grants an employer the authority to direct and organise the company business, which includes establishing rules for electronic communications,” said Enrique M. Stile, a partner at Marval, O’Farrell & Mairal. “However, employees have a right to privacy, and employers must balance their interests with those of their employees.” The National Constitution also grants special protection to correspondence and private papers, including email accounts.

Addressing Concerns through Legislation

To address these concerns, Argentina has filed a bill with Congress aimed at approving the Budapest Convention on Cybercrime. This move is seen as a major step forward in protecting cyber security, but experts warn that more work needs to be done to ensure that employees’ privacy rights are protected.

The approval of the Budapest Convention would modernize the country’s approach to digital evidence collection and international cooperation.
It would bring Argentina in line with international standards, allowing for greater cooperation on cybercrime investigations and information sharing.
In light of recent rulings by the European Court of Human Rights, it will be essential to balance and harmonize employee privacy rights with employer interests.

Conclusion

While Argentina has made significant strides in addressing cybercrime, more work needs to be done to balance employee privacy rights with employer interests. The country’s approach to email use in the workplace remains a major concern, and it is essential that clear policies are established to protect both employees’ privacy and employers’ legitimate interests.

Contact

Enrique M. Stile Partner, Marval, O’Farrell & Mairal +54 (11) 4310 0100 ext. 1606 ems@marval.com