Argentina - Argentina issues draft data protection bill

Argentina - Argentina issues draft data protection bill's Tags

Tags related to this article

Argentina - Argentina issues draft data protection bill

Published 11 abril 2017

In February 2017 the Argentinean Data Protection Agency ("DPA") posted the first draft of a new data protection bill ("Draft Bill") on its website. Argentina's current data protection bill was enacted in December 2000.

There are a number of changes introduced in the Draft Bill which modernises data protection provisions and now includes definitions such a 'biometric data' and 'genetic data'. The Draft Bill also introduces sections on child consent (processing personal data of children under 13 is now allowed with consent from a parent), cloud computing, data breaches, accountability, privacy by design and by default, the duty to have a data protection officer and mandatory privacy impact studies. Changes include eliminating the duty to register databases and recognising only individuals as data subjects whereas the current data protection bill covers both individuals and legal entities (e.g., companies). There is also an overhaul of the current rules of international transfers of personal data, including allowing Binding Corporate Rules as a legal basis for data transfers.

The Draft Bill heavily tracks the GDPR as it similarly introduces new ways to determine whether an entity or certain data processing is subject to Argentinean law. The Draft Bill also introduces new legal bases, other than consent, for data processing, including processing that is in the legitimate interests of the data controller, which features a test similar to the GDPR.

The regulator is expected to send the Draft Bill to the President later this year.

Organisations in Argentina should monitor the progress and development of the Draft Bill as this overhauls current data protection in Argentina.

The first draft of the Draft Bill can be accessed here.

Key Contacts

< Back to articles