In a February 2022 case, the Court of Justice of the Province of Salta granted a remedy of habeas data aimed at removing the plaintiff's police records. The plaintiff filed this remedy against the police of the province of Salta in order to obtain the removal of police records concerning an investigation that involved him, but for which no final decision had been rendered for over 30 years.

The District Court rejected the petition on the basis that the formal requirements for this kind of claim were not properly addressed. The plaintiff appealed the decision.

The Court of Justice overturned the District Court's decision and consequently ordered the police records division of the province of Salta to refrain from reporting the actor's police records regarding these criminal investigations. In order to reach such decision, the Court of Justice highlighted the importance of the habeas data remedy, which protects the right to privacy and honour, and affects the individual informative self-determination right. The habeas data remedy is governed by article 89 of the Provincial Constitution of Salta and article 43 of the Federal Constitution.

In this case, the fact that the information was recorded 40 years prior in one of the investigations and 30 years prior in the other, as well as the lack of a final decision concerning the criminal cases, led to the conclusion that the storage of the relevant records was neither useful nor necessary for the purposes for which the records had been collected.

For further information on this topic please contact Mariano Peruzzotti or Andrea Sanchez Vicentini at Ojam Bullrich Flanzbaum by telephone (+54 11 4549-4900) or email ([email protected] or [email protected]). The Ojam Bullrich Flanzbaum website can be accessed at