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Data Protection Leader

Argentina: Companies “express concern” over draft bill

The Argentinian data protection authority (‘PDP’) published, on 17 May 2017, the second draft of its data protection amendment bill (‘the Second Draft’) following the consultation it held on a first draft in February 2017 (‘the Draft Bill’). The Second Draft is part of an ongoing process to modernise Law No. 25.326 on Personal Data Protection 2000 (‘the Law’).

Florencia Rosati and Ludmila Petrinelli, Partner and Associate at Estudio Beccar Varela respectively, highlighted, “Some of our clients have expressed concern regarding the obligations that may be imposed by the Draft Bill, though many of them have not yet paid too much attention to it since it is still under revision and has not yet been filed in Congress. If the Draft Bill is passed, international companies established in Argentina, as well as big local companies, will analyse and adapt their internal policies and practices to the new legislation.”

The Draft Bill would remove the obligation to register databases with the PDP, and includes provisions to create a national Do Not Call Registry. Moreover, it would also require data controllers to apply the principles of Privacy by Design and Privacy by Default and to carry out Privacy Impact Assessments when the processing is likely to cause harm to data subjects.

The Draft Bill is expected to be tabled before Congress once the Government finishes reviewing it.

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