Court Of Appeals Rejected Habeas Data Action Against The Financial Information Unit

Author:Mr Gustavo Giay, Mariano Javier Peruzzotti and Santiago Ezequiel Eraso Lomaquiz
Profession:Marval O'Farrell & Mairal
 
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Division V of the Federal Court of Appeals on Contentious Administrative Matters rejected a habeas data action against the Financial Information Unit and Banco Santander Rio S.A., which sought to access and delete the plaintiff's personal data held in their databases.

On August 4, 2016, Division V of the Federal Court of Appeals on Contentious Administrative matters confirmed the district court's decision to reject the plaintiff's habeas data action seeking the access and deletion of his personal data held in the databases of the Financial Information Unit ("UIF") and "Banco Santander Rio SA" ("Santander Bank") (re: "Navarro Omar A. v. Unidad de Información Financiera y otro re/ Habeas Data", Docket No. 11/2016/CA1).

The plaintiff argued that he was informed of being under investigation for his supposed involvement in money laundering activities. Such investigation would have obstructed the opening of bank accounts, impeding the normal course of his companies' business.

The Court determined that the right to obtain information regarding personal data held in public entities' databases is limited to those cases where the provision of such information may affect the public security, national defense, foreign affairs or the investigation of crimes.

Pursuant to the Court's decision, the confidentiality granted by Section 22 of Law No. 25,246 to the personal information processed by the Financial Information Unit has been established to ensure the proper functioning and to strengthen the fight against crime. Moreover, the Court explained that Section 23 of the Personal Data Protection Law No. 25,326 ("PDPL"), determines that the processing of personal data for purposes of national defense or public security by the armed forces, security forces and law enforcement or intelligence agencies without the data subject's...

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