Argentine Agency for Access to Public Information disclose its Strategic Plan
By Mariano Peruzzotti and Julieta Martinez Correa.
On May 25, 2023, Resolution No. 94/2023 of the Agency for Access to Public Information (“AAPI”) was published in the Official Gazette, approving the Strategic Plan of said organization (the “Plan”). The purpose of the Plan is to establish the foundations for the prospective actions to be conducted during the 2022-2026 period.
The Plan primarily addresses two related issues: on one hand, the lack of accessible information for citizens regarding the actions of the State and its performance in the field of Access to Public Information, and on the other hand, the authorities’ response to cases involving the unlawful treatment of personal data, whether by the public sector or the private sector.
In the field of personal data protection, the outdated regulatory framework as a consequence of the technological advancements since the year 2000 was identified as a critical issue. In 2000 Argentina enacted its current Personal Data Protection Law (“PDPL“). It was also noted that the timing of complaint management and investigation processes was excessively long, and since the pandemic, inspection and oversight activities targeting companies with a higher risk of non-compliance in personal data protection issues has not been resumed.
To carry out the necessary transformations to tackle the issues raised and modernize the structures and processes in response to the new social paradigm, four main strategic objectives were established to be fulfilled within a five-year term (2022-2026). The Plan summarizes the milestones achieved in 2022 and describes the future objectives along with their respective targets to be achieved during the four remaining years.
The goals that are proposed are the followings:
Goal 1: Promote and strengthen the exercise of citizens’ rights to personal data protection and access to public information.
Actions: Create and implement a Personal Data Protection National Plan aiming at managing complaints and reports of non-compliance with the PDPL, conducting visits and inspections on public and private entities, initiating investigations when necessary, providing advice and technical assistance to obligated entities, updating mechanisms for the imposition of sanctions.
Goal 2: Expand regulatory and management capabilities at federal level.
Actions: Development of a project aimed at updating the PDPL, creation of new complementary and clarifying regulatory instruments, participation in international regulatory spaces, and the development of guidelines, trainings, and collaborative meetings with and for persons in charge of personal data protection.
Goal 3: Promote transparency within the administration and citizen participation with the purpose of bringing the government closer to the citizens.
Actions: Provide technical assistance to obligated entities to strengthen their transparency policies, design and implement a methodology for monitoring and evaluating these transparency policies, provide assistance and advice to citizens regarding their rights under the PDPL and the legal resources to exercise them, and carry out campaigns to promote awareness about data protection rights to citizens.
Goal 4: Strengthen the institutional capabilities of the AAPI.
Actions: Expand and strengthen the institutional capabilities of the AAPI, including its functional structure and workforce, its technological infrastructure and management systems, and its internal processes and institutional communication.
The institutional support for the Plan will be provided by a Strategic Management Committee, responsible for coordinating the implementation of the Plan, an Expert Advisory Council, in charge of assisting in the processes of reviewing and updating the strategic Plan, and a Planning and Management Monitoring Coordinator, responsible for creating the necessary tools for tracking and monitoring the Plan.
For further information please contact: mperuzzotti@ojambf.com.
