Argentina - Proposed amendment to Argentinian Data Protection Act announced
Published 31 May 2016
As set out by the director of the Argentinian data protection authority in his 'Programa Jusicia 2020', (the Dirección Nacional de Protección de Datos Personales, "NDDP"), there is a need to update data protection legislation to reflect the developments in technology and, following the example of Europe with the General Data Protection Regulation ("GDPR"), the NDDP proposes to do just that.
In a press release on 31 May, the NDDP announced an amendment proposal of Law No. 25, 326 (the Argentinian data protection act, the "Act"). The amendment would modify several existing elements already contained in the Act, as well as adding several new ones.
Many of the proposed amendments echo the obligations contained in the GDPR including: i) the introduction of a requirement to appoint a data protection officer for certain types of entities; ii) the introduction of the 'right to be forgotten'; iii) a focus on 'privacy by design'; and iv) the introduction of mandatory privacy impact assessments".
Organisations should monitor the progress of these proposed amendments to the Act. Once implemented, assuming they are implemented as currently proposed, the amendments will significantly increase the obligations on organisations processing personal data in Argentina.
A press release on the proposed amendments can be accessed here (Spanish).