The controlling authority has regulated aspects concerning complaints on infringements committed to the “Do Not Call" National Registry.
On August 21, 2015, the Official Gazette published Rule No. 44/2015 (hereinafter, the “Rule”) issued by the Argentine Personal Data Protection Authority (hereinafter, “DPA”), controlling authority of both the Argentine Personal Data Protection Law and the “Do Not Call” National Registry. As informed in previous editions of Marval News, the “Do Not Call” Registry, created by Law No. 26,951 and regulated by Decree No. 2501/2014 and Rule No. 3/2015 of the DPA, enables owners and authorized users of any kind of telecommunication services, to prevent unwanted contacts regarding the offer and the advertising of products and services realized by Companies. In the event of infringements committed by the “Do Not Call” Registry, Law No. 26,951 allows both owners and authorized users of telecommunication services to report the case to the DPA.
The Rule regulates certain aspects concerning the complaint procedure. First, it provides that complaints may be filed through either the "Do Not Call" Registry website (http://www.nollame.gob.ar) or by telephone dialing from the telephone line registered with the Do Not Call Registry. Only complaints filed by owners or users previously registered with the Do Not Call Registry will be accepted.
In addition, the Rule implements a Complaint Management System (hereinafter, the “System”) that will administer the procedure that will be followed in each complaint. When receiving a complaint, the DPA may decide either to dismiss it or the open administrative proceedings, which may lead to the imposition of an administrative sanction against the company responsible.
The System will allow the creation of files with all the complaints received in a specific case, which will be sent to the reported company during the administrative proceedings.
Only DPA’s authorized officials may enter the System.