Resolution No. 4/2019: Argentine Data Protection Law Guidelines and Best Practices

On 16 January 2019, the Argentine Data Protection Agency (DPA) issued Resolution No. 4/2019 (the Resolution) including the "Guidelines and best practices regarding the application of Law No. 25,326". The purpose of the Resolution is to unify the criteria of the DPA for the correct interpretation and implementation of the regulations on the protection of personal data, establishing the following:

• Video surveillance: The Resolution sets forth certain standards to be followed if the data owner requests access to its personal data collected through video surveillance systems (personal image).
• Automated Data Processing: The data owner has the right to request the database responsible an explanation regarding the logic applied to the automated data processing, when such treatment causes him damage.
• Dissociation of Data: It will not be considered a "determinable person", under Section 2 of Law No. 25,326, when the procedure to be applied to identify the data owner requires the application of disproportionate or non-viable measures or timeframes.
• Biometric Data: The biometric data of an individual will be considered sensitive data when it reveals data that may be discriminatory to the data owner (e.g., data that reveal ethnic origin or health information).
• Consent: The database responsible must have effective identity validation mechanisms to confirm that the person who has given the consent is actually the data owner and not a third party.
• Consent to the assignment between Public Entities: The consent of the data owner will not be required, provided that: (i) the assignor has obtained the data in the exercise of its functions; (ii) the assignee uses the data for a purpose within the scope of its competence and; (iii) the data is adequate and do not exceed the limit of what is necessary in relation to the latter purpose.
• Minors' Consent: Minors may provide informed consent for the processing of their personal data taking into account their psychophysical characteristics, aptitudes and maturity.

Finally, interested parties shall have until 25 January 2019 to make comments, observations or suggest modifications.