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Argentina: Data Protection Day: Key trends in Argentina in 2022

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In brief

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.

In focus

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. 

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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.

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Sofía Requejado is an Associate in Baker McKenzie, Buenos Aires office.

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

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