The Data Protection Authority published the results of the debate on possible modifications to Data Protection Law No. 25,326

ARTICLE
The Data Protection Authority published the results of the debate on possible modifications to Data Protection Law No. 25,326

The Data Protection Authority (“DPA”) published the results of the debate on possible modifications to the Data Protection Law (“DPL”).

February 15, 2017
The Data Protection Authority published the results of the debate on possible modifications to Data Protection Law No. 25,326

In June 2016 the DPA issued a press release fostering a process of rethinking the current DPL (more information here).

This process was primarily grounded on (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.

The debate was conducted within the different activities conducted by the DPA and was part of the Justice 2020 Program (Programa Justicia 2020), guided by the Ministry of Justice and Human Rights.

The publishing of the results of this debate aims at providing the process with more transparency and publicity.

As acknowledged by the DPA, the results reflect the suggestions and opinions given by all parties who have participated in the process. Their primary goal is to constitute a solid contribution to the future discussion of the reform of the DPL to improve data protection in Argentina.

Among other topics, opinions and suggestions are related to the necessity of a full or partial reform, the scope and validity of the law, the corresponding jurisdiction in the event of court action, and the definitions provided in the law. At the same time, interested parties discussed data quality, necessary consent, security and international transfer of data. They also discussed the so-called right to be forgotten, data portability and the need to register data bases with the DPA. Lastly, they suggested considering the accountability principle, the need to have a data privacy officer, and the treatment of big data.

The Spanish version of the document can be downloaded here.

The DPA also stated that after the debate and based on its 15-year experience enforcing the DPL, it was prepared to draft a bill which would eventually be discussed by Congress.