Rethinking The Data Protection Law

Author:Mr Gustavo Giay, Diego Fernandez and Ines O Farrell
Profession:Marval O'Farrell & Mairal

The Data Protection Authority issued a press release inviting a discussion on possible modifications to Data Protection Law No. 25,326.

The Data Protection Authority (“DPA”) has very recently issued a press release on the need to rethink Data Protection Law No. 25,326 (“DPL”) within the framework of the Justice 2020 Program (Programa Justicia 2020). The document seeks to encourage reflection on data protection regulation in Argentina. It states that modifying the current regulations is necessary due to (i) the technological advances that have been made since the DPL was passed in 2000, (ii) the experience which the DPA has gathered in that time, and (iii) the existence of a new international context, particularly with the approval of Regulation (EU) 2016/679 of the European Parliament and of the Council.

Taking into account these circumstances, the DPA holds that reforming the DPL is necessary. Therefore, the general question is not whether an amendment should be made, but rather if a partial or complete amendment is required.

The DPA sets certain points of discussion for consideration. These include the identification of a number of proposed additions to the DPL, which are needed in order to update the text of the law to current discussions on data protection. Among them are the addition of regulation on accountability to demonstrate effective compliance with the DPL, the incorporation of a data protection officer for all public entities and some private entities, the inclusion of the right to be forgotten, and adoption of “privacy by design” policies and impact studies.

Moreover, the DPA also proposes modifications to existing aspects of the DPL. It seeks to encourage debate on the objectives of the regulation and...

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