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Data Protection Laws and Regulations in Argentina

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Argentina has a complex landscape when it comes to data protection laws and regulations. In this article, we’ll break down the key aspects of enforcement actions, private litigation, and considerations for foreign organizations.

Enforcement Actions

The Argentine Data Protection Agency has become more proactive in carrying out inspections and enforcing data protection laws. Here are some notable points:

  • Increased inspections: The Data Protection Agency is now conducting regular inspections to ensure compliance with data protection regulations.
  • Fines for violating the Do-Not-Call Law: Recent fines have been issued mostly for violating the Do-Not-Call Law, with some cases related to data protection law violations such as failure to register or renew database registrations.
  • Judicial enforcement: On a judicial level, most case law is connected to financial companies’ failure to update debt registries.

Private Litigation

Private plaintiffs in Argentina can use the habeas data procedure to seek redress for data protection grievances. Here are some notable points:

  • Habeas data procedure: This is the primary judicial remedy available to private plaintiffs.
  • Right to be forgotten case: A notable case was decided regarding the “right to be forgotten,” with the Argentine Supreme Court revoking a lower court’s decision and prioritizing freedom of expression over the plaintiff’s request.

Considerations for Foreign Organizations

Foreign organizations handling personal data of Argentine citizens or with activities connected to Argentina should take note of the following:

  • International jurisdiction: There are no specific regulations on international jurisdiction in the Data Protection Law.
  • Precedents: However, there have been precedents where the Agency has applied the law to foreign companies handling personal data of Argentine citizens or with activities connected to Argentina.

We hope this summary provides a clear understanding of the current state of data protection laws and regulations in Argentina. If you have any further questions or would like more information, please don’t hesitate to ask!