New Regulations on Data Protection Matters

Recently, the Agency of Access to Public Information published Resolution No. 14/2018, which repealed Disposition No. 10 /2008 of the Argentine Personal Data Protection Directorate. This regulation had established that the owners and users of public and private databases had to include in their websites as well as in any other communication or advertising, in particular in data collection forms, information that guarantees the data subject’s knowledge of his or her rights and how to exercise them.

Furthermore, Resolution No. 14/2018 established that the controllers and users of public and private databases must clearly and expressly display, in a visible place, the information required by section 6 of Data Protection Law No. 25.326 (including indicating the purpose of the data processing, any possible recipients of data, the existence of the database and the identity of the data controller, whether providing the data is mandatory or not, and which rights data subjects have), to the data subjects, prior to any data collection and specifically mentioning how data subjects may exercise their rights.

The information mentioned in the above paragraph must include the following: “THE AGENCY OF ACCESS TO PUBLIC INFORMATION, as the Controlling Authority of Law No. 25,326, has the attribution of attending to any claims and allegations filed by those affected in their rights for non-compliance of the current data protection regulation”.

 Moreover, through Resolution No. 15/2015, the Agency of Access to Public Information, replaced section 2 of Disposition No. 10/2015 of the Argentine Personal Data Protection Directorate. In its place, Resolution No. 15/2015 approved a new design for the sign that informs people of the existence of security cameras installed to capture images, and of the information of the data controller before whom the data subject may exercise his or her rights under applicable data protection regulations.