Argentina
Argentina In Argentina, data protection is governed by comprehensive legislation aimed at safeguarding individuals' personal data. Below you will find an outline of the key aspects, including governing legislation, exploring their scope of application, requirements for data processing, rights and duties of data providers/principals, processing of children's data, regulatory authorities, and consequences of non-compliance. 1.1. Overview of Principal Legislation Data protection in Argentina is primarily regulated by the right to Habeas Data. This right can be found in Art. 43 of the Argentine Constitution of 1994. Although this right is enshrined in the Constitution, the implementation of protection to the personal data is regulated by the Personal Data Protection Law No. 25,326 (“Ley de Protección de Datos Personales”, hereinafter “PDPL”), enacted in 2000. The PDPL is the Governing Data Protection Legislation
cornerstone of Argentina's data protection regime. It aims to strike a balance between the free flow of information and individuals' right to privacy. This legislation imposes strict obligations on data controllers and data processors while affording data subjects various rights. This legislation establishes the fundamental principles and requirements for the processing of personal data in the country. It aligns with international data protection standards and provides a strong legal framework for data protection. In recent years, several legislative initiatives have been introduced in Congress to modernize Argentina’s PDPL. Three main proposals aim to update the current framework by aligning national regulations with international standards, introducing concepts such as anonymization, biometric data, automated decision- making, and profiling. These bills propose, among other aspects, expanding legal bases for data processing, strengthening safeguards for minors and public- sector data, requiring impact assessments under specific conditions, and establishing mandatory security breach notifications and differentiated sanction regimes.
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