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In brief

One of the main commitments assumed by Beatriz de Anchorena, current director of the Agency for Access to Public Information (AAIP), was to initiate the process of updating Personal Data Protection Law No. 25,326, which was enacted in 2000 (“Law“).

In this regard, meetings were held in August with public agencies, civil society organizations, universities and the private sector.


In focus

The purpose of the modernization process is to update the Law so that it reflects and responds to the challenges posed by technological transformation and the development of the digital economy.

It also seeks to harmonize the Argentine data protection legal framework with the standards — both at the regional and international level — set forth under other countries’ applicable regulations.

Among the documents the AAIP referred to in drafting a new bill are the 2018 Bill (EX-2017-01309839-APN-DGDYD#SLYT); the General Data Protection Regulation of the European Union; the General Data Protection Law of Brazil; and the Organic Law on Data Protection of Ecuador. Other resources were also considered, such as the Personal Data Protection Standards of the Ibero-American Data Protection Network (which the city of Buenos Aires recently joined as an observer) and the UNESCO Recommendation on the Ethics of Artificial Intelligence.

The AAIP presented the main guidelines to update the Law during an event held at the Kirchner Cultural Center last 30 August 2022. The complete agenda is available here.

The debates will continue throughout September, when the AAIP will also launch within its official website, a special channel where citizens can submit their suggestions.

Click here to access the Spanish version.

Author

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.

Author

Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee lawyer on the Corporate, Banking/Finance and Litigation areas with a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie's Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martín rejoined the Buenos Aires office in 2016 and was named partner in July 2019.

Author

Valentina Biondi Grane is an Associate in Baker McKenzie, Buenos Aires office.

Author

Valentina Salas is an Attorney at Law in Baker McKenzie Buenos Aires office.