Every 28 January, Data Protection Day is celebrated to remember the date on which Convention 108 for the Protection of Individuals with Regard to the Automatic Processing of Personal Data was opened for signature.
As technology continues to develop and influence the manner in which we make decisions, data protection is confronted with new and dynamic challenges. Data protection is not something companies can easily tick from a to-do list. Instead, the latest tech developments and modern-day regulations require daily and ongoing efforts to proactively demonstrate compliance.
2022 brought many developments, such as the following:
- The data protection enforcement authority, i.e., the Access to Public Information Agency (AAIP in Spanish), appointed a new director who stated that one of her priorities is to achieve harmonization with regional and international standards. The AAIP drafted a bill of law to update the current Personal Data Protection Law No. 25,326 (PDPL, enacted in 2000) that was submitted for public consultation. After receiving suggestions, the AAIP filed a new version with Congress.
- Law No. 27, 699, approving Convention 108+, was enacted. In this regard, Argentina joins two other LatAm countries — Uruguay and Mexico — in signing the modernized Convention.
- The Supreme Court of Justice revoked a lower court’s ruling that recognized the ‘right to be forgotten’ with respect to certain content linked to the plaintiff’s past. In addition, the Supreme Court raised two issues as regards transparency in the algorithms used by search engines and preventive measures.
- Many of the sanctions imposed by AAIP throughout 2022 were related to security incidents and the lack of implementation of technical and organizational measures to prevent and/or mitigate the effects. As cybersecurity has become a key area, AAIP’s interest in data security and adequate safeguards can be expected to grow.
Click here for the Spanish version.