Commercial Court of Appeals in the City of Buenos Aires Admits Habeas Data

In the case “V. A. F. v. Recaudadora S.A. s/ sumarísimo”, the plaintiff filed a writ of habeas data against Recaudadora S.A., the "contact" service provider of a banking entity, to obtain the credit information the entity had about the plaintiff and, if applicable, have it rectified or suppressed.

Although the lower court rejected the claim, upon the claimant’s appeal, the Commercial Court of Appeals in the City of Buenos Aires admitted it and ordered Recaudadora S.A. to provide within ten days all the documents and information it had regarding the plaintiff.

The Court held that the fact that the plaintiff’s information the defendant had was provided by a third party does not relieve it from the duty to provide such information, clarifying the source.

Likewise, the Court emphasized that every person has the right to know in a prompt manner the data about them that has been registered, to decide what they wish to do with such data. In this sense, in response to the plaintiff’s request, the defendant should have provided all the information it had, even if it had been provided by third parties.

This case is important as it states that a person’s right to habeas data is not limited to the recipient having received the data directly from the data subject, but also applies when the data has been obtained from third parties.