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Martin A. Roth

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.

Through Resolution No. 161/2023, published in the official gazette on 4 September 2023, the Agency for Access to Public Information (AAIP) created the Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence and entrusted its execution, monitoring and evaluation to the National Directorates of Evaluation of Transparency Policies and Protection of Personal Data.

By means of Resolution No. 1200/2023 published in the official gazette on 22 August 2023, the National Communications Entity (Ente Nacional de Comunicaciones, or ENACOM for its acronym in Spanish) extended the term for mobile service providers to comply with the Regulation for the Collection of Personal Data and Identity Validation of Users of Mobile Services that Hold a Mobile Number, which was approved by Resolution No. 263/2023.

The Data Protection Bill of Law submitted to Congress proposes significant amendments to the current regime and introduces mandatory provisions that are novel to Argentine legislation. For example, it includes express references to the extraterritorial scope of application and changes the traditional approach to the legal basis for the processing of personal data. In this alert, we address some of these changes and novelties.

The National Executive Branch submitted Message 87/2023 to the Honorable Chamber of Deputies of the Nation with the Personal Data Protection Bill of Law (“Bill”).
The Bill is the outcome of a participatory, open and transparent process led by the Agency for Access to Public Information, which included the publication of the Personal Data Protection Draft Bill and its subsequent opening for public consultation. After receiving a total of 173 opinions, contributions and comments, the AAIP presented the Bill to the NEB and now the latter has submitted the Bill to Congress.

On 17 April 2023, Argentina became the 23rd country to ratify Convention 108+, which aims to protect the privacy of individuals against possible abuses in the processing of their personal data. Argentina ratified Convention 108+ during the Privacy 2023 Symposium held in Venice between 17 and 21 April.

In line with the process intended to update Data Protection Law 25,326, the Agency for Access to Public Information announced on its official website the presentation of the Bill of Law on Personal Data Protection in the National Congress.