On 20 September a Personal Data Protection Bill of Law ("Bill") was introduced by the National Executive Branch in Congress.
The Bill aims to provide a more updated legislation that ensures the rights and guarantees established in the National Constitution as well as to encompass new technologies and the changes that took place in the comparative law during the last years.
Likewise, the Bill aims to keep the international standards, which the Argentine legislation has been followed, what will, in turn, lead to new possibilities of innovation and investments in Argentina.
It should be highlighted that since 2002, Argentina has been considered as a jurisdiction that provides an adequate level of protection of personal data transferred by the European Economic Community (Section 1 Commission of the European Communities of June 30, 2003, pursuant to Directive 95/46/CE of the European Parliament and of the Council on the adequate protection of personal data in Argentina - 2003/490/CE).
The Bill highlights the technical cooperation provided by the competent Personal Data Protection Authority. The initial draft regulation that is the base of the Bill was prepared following international regulations, including but not limited to the Regulation (EU) 2016/679.
The Bill comprises material amendments to the current law. For instance, it does not include legal entities as subjects of fundamental rights; the scope of application of the law is expanded (even in those cases in which the entity in charge of data processing is not located within the Argentine territory); includes regulation on security measures and imposes the obligation to report security breaches. With respect to international transfer of personal data, the current regulation is clarified or expanded.
The Bill aims to repeal the current Personal Data Protection Law No. 25,326, regulation in force since 2000.
The Bill introduces several changes and, therefore, allows to anticipate an interesting debate in Congress.
We hope you find these comments useful. We are available to expand on these changes and potential impact in the day to day operations of your business.