Through Decree No. 780/2024, published in the Official Gazette on 2 September 2024 (“Decree”), Regulatory Decree No. 206/2017 and its subsequent modifications (“Regulatory Decree”) of Law on Access to Public Information No. 27275 (“Law”) have been amended. The Decree introduces the following amendments to the Regulatory Decree of the Law, among others:
• The Decree delimits the scope of the definitions of (i) public information, which does not include private data or data that is not of public interest; and (ii) document, which is limited to any record generated, controlled or held within the framework of the state activity and excludes preparatory deliberations and working papers.
• The Decree regulates the formal requirements for information requests.
On 17 September 2024, within the framework of the National Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence, the Agency for Access to Public Information published the preliminary version of the “Guide for Public and Private Entities on Transparency and Personal Data Protection for Responsible Artificial Intelligence”.
Through Resolution No. 13/2024, the National Communications Authority (ENACOM) repealed certain resolutions that regulated the fixing of prices of information and communication technology services. Pursuant to Decree No. 302/2024, the National Executive Power deregulated ITC Services, modifying Argentine Digital Law No. 27,078 and repealing Decree No. 690/2020, which eliminated the power of ENACOM to regulate prices. The Resolution seeks to promote the expansion of services, fostering a more competitive environment in the ITC industry.
On 24 May 2024, Resolution No. 126/2024 of the Agency for Access to Public Information was published in the Official Gazette. Among other things, it unifies the sanctions regime of Personal Data Protection Law No. 25,326 and National Do Not Call Registry Law No. 26,951.
By means of Resolution No. 12/2024, published in the Official Gazette on 24 April 2024 (“Resolution”), the Secretariat of Industry and Commerce amended the regime of advertising of goods and services involving an offer to an undetermined audience; it also repealed Resolution No. 915/2017. The Resolution’s main purpose is to modify the regulations governing advertisements so that they are clearer, more understandable, and useful for consumers. The aim is to simplify the current regime and prevent consumers from being “over-informed,” which could make it difficult for them to make appropriate purchasing decisions.
By means of Decree No. 302/2024, published in the Official Gazette on 10 April 2024 (“Decree”), the National Executive Branch (PEN for its acronym in Spanish) has amended Argentine Digital Law No. 27,078 and repealed Decree No. 690/2020.
The Decree’s main purpose is to free the market and to develop Information and Communication Technology Services, allowing licensees to freely set prices, which shall be fair and reasonable; cover the operation costs; and aim at efficient provision and a reasonable operating margin.
By means of Resolution No. 87/2024, the Secretariat of Commerce established that businesses that operate with purchase, debit or credit cards must make the electronic payment terminal available to consumers. This is to ensure that they do not lose control of their card during the transaction.
On 2 February 2024, the Agency for Access to Public Information (AAIP) published Resolution No. 38/2024 (“Resolution”) in the Official Gazette. The Resolution updates the poster template that must be placed in areas where digital images are collected via video surveillance.
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.