New Bill to Modify Personal Data Protection Law No. 25,326 was Submitted to Congress in December 2020

Bill No. S-2986/2020 is mostly identical to the bill submitted on November 17, 2020, that was also aimed at updating the current personal data protection framework (for more information regarding the bill submitted in November, please read our IT News here).

The new bill has, however, the following salient differences regarding the November 2020 bill, such as:

 

• limiting the scope of the concept of data subjects to human persons, but including “family groups”;

 

• clarifying that the Data Protection Law applies to the processing of Argentine data subjects regardless of the location of the controller or processor (or their particular processing activities);

 

• raising the child consent age to 16 years;

 

• removing from the list of functions and responsibilities of the Data Protection Authority the drafting proposals for legislative reforms and the execution of cooperation agreements with public or private entities, whether national or international, to fulfill its functions;

 

• removing the data subject’s right to initiate a procedure before the Data Protection Authority by demonstrating the lack of a response from the data controller within 10 business days as of notification;

 

• reducing the maximum monetary penalties in cases of breach to 500 Minimum Vital and Mobile Wages (removing any reference to sanctions based on % of annual gross revenue);

 

• stating that the Data Protection Authority and the sanctioned party must publish any sanctioning resolution on their respective websites; and

 

• excluding the data subject, the Ombudsman, sectorial associations and the Office of the Prosecutor as legitimate parties to initiate class action suits (thus only leaving the Data Protection Authority as a legitimate party).

 

The Spanish text of the new bill can be accessed here.