In brief
In line with the process intended to update Data Protection Law 25,326, the Agency for Access to Public Information (AAIP) announced on its official website (“Site“) the presentation of the Bill of Law on Personal Data Protection (“Bill“) in the National Congress (“Congress“).
In focus
The AAIP announced on its Site the presentation of the Bill in the Congress.
The Bill, which is based on the proposed draft bill, includes updates arising from opinions, comments and contributions received during the public consultation process.
Some of the updates introduced by the project are as follows:
- It includes a definition of “Credit Institutions” and introduces a new article on the publication of credit information.
- It includes the activity of “publication of data” in the definition of data processing activities.
- The principle of preeminence is introduced. In the case of doubt on the interpretation and application of the law, the most favorable to the data subject shall always prevail.
- The requirements for the legal bases for data processing have been expanded. To determine the existence of a legitimate interest, a prior, detailed and documented analysis must be carried out, including the context and circumstances for the processing, the level of risk involved and the data subject’s expectations.
- Public bodies that process sensitive personal data must provide stricter security conditions.
- The data protection officer figure is included.
- It contemplates the possibility of extending the initial term of one year to adjust to the requirements of the law.
Click here to access the Spanish version.
Author
Guillermo Cervio
Guillermo Cervio is a partner in Baker McKenzieâs 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 LatAmâs IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book âDerecho de las Telecomunicacionesâ (National Academy of Law - MenciĂłn 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 (TucumĂĄn, 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
Martin A. Roth
MartĂn Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. MartĂn 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.
MartĂn rejoined the Buenos Aires office in 2016 and was named partner in July 2019.
