Provision of the Argentine Registry of Data Bases

On February 18, 2005 the Official Gazette published Regulation No 2/2005 of the Argentine Direction of Protection of Personal Data. This Regulation provides for the Argentine Registry of Data Bases in which the archives, registries, bases or private data banks regulated by Law No 25,326 must be registered.

Law No 25,326 was enacted to protect the personal data filed in archives, registries, data banks or other technical means of processing public or private data destined to give information, and to guarantee people’s right to privacy and good name.

In order to ensure the holders ofpersonal data’s rights to demand rectification, suppression, confidentiality or updating, the law establishes the obligation to record a Registry of the following data bases: (i) public ones; (ii) private ones destined to give information and (iii) private ones that are not for exclusively personal use.

The provision of this registry will enter into force within 90 days after the publication of the Regulation in the Official Gazette, that means as of May 19, 2005.

Notwithstanding, the Regulation differentiates between existing data bases prior to that date, which will have to be registered within 180 days, until November 15, 2005, and the data bases that will be created after May 19, 2005 which have to be registered before they may begin.

Inscription in the registry is annual and may be renewed within 45 days prior to expiry.

In order to be able to register the data bases in the registry their holders must complete a form with the following data:

(i) name and address of the holders of the data base,

(ii) identification of the data bases that are registered,

(iii) location of the data bases, their characteristics and main, secondary or connected purposes,

(iv) nature of the personal data contained in the bases; origin, means of harvesting and update of the data,

(v) destiny and time of conservation of the data,

(vi) people to whom data may be transferred,

(vii) average of security used,

(viii) way in which the information is related, and

(ix) method of exercise of the rights of the holders of the personal data and the person before whom they can exert them.