Every 28 January, Data Protection Day is celebrated to remember the date on which Convention 108 for the Protection of Individuals with Regard to the Automatic Processing of Personal Data was opened for signature. As technology continues to develop and influence the manner in which we make decisions, data protection is confronted with new and dynamic challenges. Data protection is not something companies can easily tick from a to-do list. Instead, the latest tech developments and modern-day regulations require daily and ongoing efforts to proactively demonstrate compliance.
By means of Resolution No. 1/2023, published in the Official Gazette on 5 January 2023, the Chief of Cabinet Ministers launched the public consultation on the Second National Cybersecurity Strategy. The goal is for all parties interested in cybersecurity and the protection of the digital space to participate, contribute recommendations and share experiences.
The public consultation process will be available for 30 business days from the day following the date of the Resolution’s publication in the Official Gazette, that is, until 16 February 2023.
On 16 December 2022, the Data Protection Authority issued Resolution No. 255/2022 (“Resolution”). The Resolution approves the guiding criterion on the processing of genetic data, which is mandatory for those who are subject to the Personal Data Protection Law No. 25,326.
On 30 November 2022, Decree No. 792/2022 enacting Law No. 27,699 that approves Convention 108+ on the Protection of Individuals with regard to Automatic Processing of Personal Data, was published in the Official Gazette.
On 1 December 2022, both the National Budget Law No. 27,701 and the enactment Decree 799/2022 were published in the Official Gazette. The Law introduces important changes regarding the maximum applicable sanctions applicable in consumer defense matters, as well as regarding punitive damages.
On 29 November 2022, the Agency for Access to Public Information incorporated an online registration form to enable foreign individuals and legal entities that are not established in Argentina but that process personal data of Argentine citizens to register as “responsible for personal databases.”
In the special session of 9 November 2022, the Chamber of Deputies granted the necessary approval for Congress to pass Law 27,699 by means of which the Argentine Republic ratifies the Amending Protocol with respect to the Automated Processing of Personal Data (“Convention 108+”). To complete the ratification process, the National Executive Branch will now study the law and, if approved, it will be published in the Official Gazette.
In line with the process of modernizing Personal Data Protection Law No. 25,326, the Agency for Access to Public Information presented a Draft Bill of Personal Data Protection Law.
The National Agency of Medicines, Food and Medical Technology (ANMAT) issued Disposition No. 6924/2022on 30 August 2022. The same provides some clarifications regarding the advertising, promotion and/or sponsorship of packaged food and nonalcoholic beverages containing at least one warning seal, including precautionary legends. The Disposition will take effect on the same day of its publication in the Official Gazette.
One of the main commitments assumed by Beatriz de Anchorena, current director of the Agency for Access to Public Information, was to initiate the process of updating Personal Data Protection Law No. 25,326, which was enacted in 2000. In this regard, meetings were held in August 2022 with public agencies, civil society organizations, universities and the private sector.