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Catalina Beñatena

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Catalina Beñatena is an Associate in Baker McKenzie, Buenos Aires office.

In the context of the International Data Protection Day, on 26 January 2024, the Agency of Access to Public Information (AAIP, its acronym in Spanish) published their “Recommendations to protect personal data on the internet”. The AAIP provided five recommendations to users of any digital platform that entails the assignment of personal data.

The European Commission concluded that personal data transferred from the European Union (EU) to Argentina are adequately protected and, therefore, can continue to flow freely from the EU to Argentina. On 15 January 2024, the Commission published its conclusions regarding the first review of the adequacy decisions adopted — pursuant to Article 25(6) of Directive 95/46/EC — in 1995. In these decisions, the Commission had determined that 11 countries or territories, including Argentina, guaranteed an adequate level of protection of personal data. This allowed data transfers from the EU to these countries.

Following Administrative Decision No. 641/2021 on “Minimum information security requirements for the national public sector,” the AAIP approved its information security policy. The purposes of the policy are to protect the information resources of the AAIP and the technological tools used for their processing; ensure the confidentiality, integrity, availability, legality and reliability of information, and strengthen the adequate implementation of security measures, identifying available resources.

On 5 and 6 December 2022, Resolutions 240/2022 and 244/2022 were published in the Official Gazette. By means of these resolutions, the Access to Public Information Agency contemplates a new classification of infringements and sanctions applicable to conduct in breach of Law 25,326 and its related regulations.