New Bill on Personal Data Protection

A Bill to amend the Personal Data Protection Law 25326 (PDPL) was presented to Congress in late September. This Bill proposes updating the wording of article 1 of the PDPL, to explicitly include the protection of biometric data and limit the use of information technology or any other future technology.

The Bill also introduces a new paragraph in article 5 of the PDPL, which governs consent. Accordingly, publishing data, photographs, or videos of children and adolescents will require authorization of their guardians or legal representatives, in line with the Comprehensive Protection of the Rights of Children and Adolescents Law 26601.

Further, the Bill proposes a new paragraph in article 16 of the PDPL, to strengthen individuals' rights to request deleting or restricting access to their personal data published on the Internet, including biometric data, images, and audio or video files. This right may be exercised by the data subject, their heirs, or third parties affected, even if the information was published by the data subject or by third parties.

Based on the whereas, the growing concern over the misuse of personal data in the context of artificial intelligence and the massive use of public and private databases. In its grounds, the Bill focuses on protecting personal privacy, the risks posed by artificial intelligence systems, and the relevance of current regulations safeguarding the right to privacy.

Finally, the Bill acknowledges the fundamental role of the Argentine Constitution and international treaties in protecting the right to privacy and respecting human dignity, further emphasizing the need to update existing regulations to safeguard personal rights in the digital age.