Federal Court Of Appeals In Civil And Commercial Matters Determined The Commercial Court's Jurisdiction In Habeas Data Actions Against Financial Institutions

Author:Mr Gustavo Giay, Santiago Ezequiel Eraso Lomaquiz and Mariano Javier Peruzzotti
Profession:Marval O'Farrell & Mairal

Division I of the Federal Courts of Appeals in Civil and Commercial Matters of the City of Buenos Aires determined that National Courts on Commercial Matters have jurisdiction in habeas data actions over personal data held by financial entities.

In re "R., N. R. v. Banco Santander Rio et al. re/ habeas data (article 43, c.n.)", (Docket No. 1852/2016), the plaintiff filed a habeas data action against Banco Santander Río S.A. and Comafi Fiduciario Financiero S.A. seeking the removal of the historic and current information published on the "financial system debtors" database of the Central Bank. The plaintiff claimed for compensation of alleged non-material damages arising from being included in the debtors' database of the Central Bank. This action was founded on section 43 of the Argentine Constitution and on the Personal Data Protection Law No. 25, 326 ("PDPL").

The lawsuit was filed with the Federal Court in Civil and Commercial Matters, which rejected the case and ruled that the National Justice in Commercial Matters had jurisdiction to hear the case. The Court of Appeals in Civil and Commercial Matters confirmed the district court's decision.

In so deciding, the Court of Appeals invoked section 36 of the LPDP, which determines that: "( ...) federal jurisdiction proceeds: a) when a lawsuit is filed over public databases of national entities, and b) when the databases are interconnected with national, international or...

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