Argentina: Update of the “Do Not Call” Registry

Within the framework of the guidelines established by Decree No. 891/2017 –which approved the Good Practices regarding Simplification in the National Public Sector– and with the purpose of providing a quick and efficient response to the owners and/or authorized users of phone services against abuses of the procedure of contact, advertising, offer, sale and provision of unsolicited goods or services, the Agency of Access to Public Information (hereinafter, the “AAIP”) issued Resolution No. 243/2019 (hereinafter, the "Resolution"). This Resolution simplifies the complementary regulations of Law No. 26,951 and accelerates the procedures of the "Do not Call" National Registry, implementing a new simplified and free management system intended to centralize the processing of all the procedures related to the “Do not Call” National Registry (hereinafter, the “Registry”). For more information about the Registry please refer to Marval News: “New Argentine “Do Not Call” Registry” #142, “News About the Do Not Call Registry” #147, “Complaints to the Do Not Call Registry” #154 and “New regulation of the Do Not Call Registry” #164.

In this regard, the Resolution introduces the following modifications:

• Migrates the databases of the Registry from the authority of the Ministry of Justice and Human Rights of the Nation to the AAIP, current Enforcement Authority of Law No. 26,951.
• Derogates certain previous provisions that regulated the Registry.
• Describes in different Annexes the new procedures for the registration, cancellation and change of ownership of phone lines in the Registry; the consultations of those persons recorded in the Registry; the filing and management of complaints for alleged violations of Law No. 26,951 and, the initiation and management of administrative actions; and consultations about the status of the application for registration, cancellation and complaints filed.
• Creates the “Registry of Infringers” of the Registry in order to organize and keep updated the list of infringers of Law No. 26,951 and to record in the file the particular circumstances of the respective infringements such as, the quality of the breach, the penalty applied, the degree of compliance, among others.

Finally, the Resolution grants the compelled subjects a term expiring on March 31, 2020 for the adequacy to the new requirements of the Resolution.