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“).
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.