Argentine Registry of Data Bases

The Argentine Direction of Personal Data Protection (the “Direction”) implemented the Argentine Registry of Data Bases (the “Registry”), as of August 1, 2005, by Dispositions Nos 2/05 and 4/05 (please see Marval News # 37, # 38 and # 39).

Further to these Dispositions private databases existing prior to August 1, 2005 shall be registered before January 31, 2006.

In addition, databases created on, or after August 1, 2005, shall be registered before they are implemented.

This registration will be mandatory for all private data files, registries, databases or data banks intended to provide information, i.e. those which exceed personal use and/or those that are used to assign or transfer personal data (including any information referring to individuals or legal entities), whether or not the circulation of the relevant report or the information taken from the databases is provided for free or is charged.

Pursuant to the new penalty system set forth by the Direction (Disposition No 7/05) not to register a database when there is a legal requirement to do so is considered a minor infringement, which is sanctioned with up to two warnings and/or A$ 1,000 to A$ 3,000 fines. Also, failure to register the personal database in the corresponding register when required by the Direction to do so is considered a major infringement, which is sanctioned with up to four warnings, suspension and/or A$ 3,001 to A$ 50,000 fines (please see Marval News # 45).