New Classification of Infringements and Regime for Grading Penalties

Through Resolution 126/2024, the Agency for Access to Public Information (AAIP) approved a new classification of infringements and a new regime for grading penalties for infringing the Personal Data Protection Law 25,326 and the Do Not Call Registry Law 26,951.
 

The most relevant aspects of Resolution are:
 

1. It incorporates these conducts to the classification of minor infractions:

 

• Failure to report the security and confidentiality measures implemented when the National Directorate for the Protection of Personal Data requests them.

 

• Failure to inform and, if applicable, to prove whether it complies with the requirements in article 11 of Law 25,326 for transferring personal data.

 

2. It adds the possibility of voluntarily paying the fines imposed by the AAIP within 20 working days of notification. The Resolution states that if they are paid voluntarily, the payer will benefit with a 50% reduction.

 

3. It approves the implementation of the Federal Do Not Call  Registry and of its management system, establishing that holders or users of telephone services may file complaints for non-compliance with Law 26,951 through the website https://nollame.aaip.gob.ar.

 

4. It approves:

 

1. the procedure for registering, cancelling, and changing ownership of telephone lines in the Federal Do Not Call Registry, and the consultation of procedures and complaints,
2. the procedure related to complaints for alleged non-compliance with Law 26,951 and the opening and management of administrative proceedings,
3. the procedure for consulting the Federal Do Not Call Registry.

 

5. It approves the form to request the consultation of registrants in the Federal Do Not Call Registry.
    

Finally, the Resolution repeals AAIP Resolutions 12/18, 240/22, 243/19, and 244/22.

Find the full text of the Resolution here.