Financial Crime World

Argentina’s Data Protection Laws Under Review: What You Need to Know

The Personal Data Protection Law (PDPL) in Argentina is currently undergoing a review process to replace it with a new law aligned with the EU General Data Protection Regulation. In the meantime, understanding the existing PDPL provisions is crucial for organizations that handle personal data.

Enforcement of the PDPL

The PDPL is enforced by the Argentina Data Protection Authority and judicial courts. Failure to comply with the law can result in:

  • Minor infringements
  • Serious infringements
  • Very serious infringements, depending on the type of behavior

Data subjects also have the right to file court action seeking:

  • Cessation of processing their data
  • Compensation for damage caused

Data Protection Issues in Internal Investigations

In internal investigations, companies should be aware of the following concerns:

  • Obtaining valid data processing consent from data subjects, which includes:
    • Free and express consent
    • Informed and written consent
    • Right to revoke consent (affecting only future processing)
  • Restriction on cross-border transfers of data: companies must ensure compliance when transferring data outside Argentina

Employee Communication Monitoring

From a privacy perspective, it’s essential for companies to:

  • Provide employees with prior notice and explanation of how personal data is processed
  • Implement internal policies and notify employees about the use of work tools and lack of privacy expectations

Search Warrants and Dawn Raids

In Argentina, search warrants can be issued by judges to seize objects and documentation relevant to a criminal investigation. The warrant must:

  • Indicate the crime under investigation
  • Specify the exact place where the search will be conducted
  • State its purpose
  • If these requirements are not fulfilled, the search and any evidence collected during the search can be challenged in court

Privileged Material Protection

The Argentine Criminal Procedural Code protects:

  • Letters and documents sent to or received by a defendant’s counsel from being seized, as long as they are connected to a criminal investigation

Compelled Testimony

In Argentina, judges can request the testimony of any person who may have relevant information regarding a criminal investigation. Failure to comply with this request can result in:

  • Contempt of court
  • Harbouring charges
  • The Argentine law also protects the right against self-incrimination and establishes exceptions for individuals who must keep secrets by virtue of their service, profession, or official capacity

Whistleblowing Framework

Argentina has a whistleblowing framework that allows individuals to:

  • Provide useful information about complex crimes, such as drug trafficking, smuggling, terrorism, and economic crimes
  • Receive financial compensation and adequate measures to protect their identity and life

Employee Rights in Investigations

In Argentina, there is no specific labour regulation regarding investigations or a specific procedure for internal investigations. However, labour and civil rights apply fully to all employees, and any kind of discrimination or adverse effect on employees’ dignity or right of defense could be challenged in court.

As the PDPL undergoes review, organizations handling personal data must remain vigilant about compliance with existing regulations. Failure to do so can result in serious consequences for companies and individuals involved.