New Bill to Modify the Personal Data Protection Law

On March 2, 2020, Bill No. 0070-D-2020 (the “Bill”) was introduced in the Argentine Congress to modify the Personal Data Protection Law No. 25,326 (the “Data Protection Law”).

The Bill indicates the need to modify the Data Protection Law, which was enacted in 2000, arguing that it is both outdated by the passage of time and new technological advances.

The changes the Bill seeks to incorporate are the following:

• Modifies section 2 by introducing definitions for the terms Computerized Data or Cloud Computing, Biometric Data, Genetic Data and Data Controller.
• Specifies in section 7, that the processing of personal data of minors must be done considering the best interests of the child, in accordance with the Convention on the Rights of the Child.
• Incorporates a new section 7 bis that deals with security incidents and the obligation to notify, inform and document them.
• Introduces in section 16 the right to request the deletion of personal data if it is not in databases that have a public purpose.
• Adds under section 23 two new special processing cases: personal data processing through drones, and personal data processing in the cloud.
• Modifies section 29 by creating the National Agency for the Protection of Personal Data, an autonomous body that oversees the Data Protection Law, placing it within the scope of the Ministry of Justice and Human Rights.
• Incorporates section 29 bis, thus creating a Permanent Bicameral Commission to monitor the Data Protection Law.

The Spanish text of the Bill can be accessed here.