News about privacy in Argentina
By Mariano Peruzzotti and Andrea Sánchez Vicentini
The Resolution 126/2024, which introduces modifications to the Do Not Call Registry and the sanctioning regime, has come into effect
On May 24, 2024, Resolution 126/2024 (“Resolution”) of the Agency for Access to Public Information, the enforcement authority of the Personal Data Protection Law and the Do Not Call Registry Law (“AAIP”) was published in the Official Gazette. This Resolution introduces significant modifications to the personal data protection regime by repealing various previous resolutions, including National Directorate of Personal Data Protection Provision No. 7/05, and AAIP Resolutions No. 12/18, No. 240/22, No. 243/19, and No. 244/22.
The Resolution incorporates two annexes with a new regime for classifying infractions and new parameters for sanctioning violations of the Personal Data Protection Law and the Do Not Call Registry Law. Additionally, it includes four annexes detailing the implementation and procedures of the Do Not Call Registry Law.
1. Key Changes Introduced by the Resolution
1.a. Amendment to the Sanctions Regime
Annex I of the Resolution establishes the classification of behaviors that will be considered infringements of the data protection regime and are categorized as minor, serious, and very serious:
· Minor infringements. Newly included behaviors are
· Failure to report the security and confidentiality measures implemented when requested by the National Directorate of Personal Data Protection;
· Failure to report and, where applicable, to prove compliance with the requirements stipulated in Article 11 of the Personal Data Protection Law for the transfer of personal data.
· Serious infringements. Newly introduced behavior includes:
o Processing personal data through video cameras without complying with the conditions provided in the Personal Data Protection Law and its complementary regulations.
· Very Serious Infringements: No modifications have been made to the classification of very serious behaviors compared to the now repealed Resolution 240/2022.
1.b. Adjustment of Fines
Annex II of the Resolution modified the maximum limits for fines. When multiple pecuniary sanctions for the same conduct are accumulated in an administrative act, a cap will be applied to the total amount of the fine. The cap is calculated by multiplying the maximum scale according to the severity of the committed infractions by 500. The maximum fines are as follows:
· Minor Infringements: Fines up to 40,000,000 Pesos (approximately USD 44,490 at the official exchange rate as of June 13, 2024).
· Serious Infringements: Fines up to 45,000,000 Pesos (approximately USD 50,000 at the official exchange rate).
· Very Serious Infringements: Fines up to 50,000,000 Pesos (approximately USD 55,600 at the official exchange rate).
Additionally, among other modifications, Annex II introduces the possibility of reducing the fine by half in case of voluntary payment.
2. Changes to the “Do Not Call” Registry
Annexes III, IV, V, and VI of the Resolution detail the procedures for registration, deregistration, and change of ownership in the “Do Not Call” Registry (“Registry”). They also outline the process for managing complaints of alleged non-compliance with the Do Not Call Registry Law, methods for consulting the Registry, and the form for requesting a consultation of registrants in the Registry. Notable changes include:
· Consultation Procedure: The Resolution introduces higher formality and specificity, including the obligation to keep the information updated and the use of clearly defined channels for documentation submission.
· Complaint Threshold for Opening Proceedings: Proceedings against a company will now be triggered by 100 complaints, with a maximum of 500 per case, as opposed to the previous threshold of 200 complaints or more monthly.
· Submission of Documentation: The Resolution details specific formats and procedures for submitting large documents to accredit compliance with Law No. 26.951.
· Calling Hours: Establishes specific hours considered reasonable for making calls on weekdays and Saturdays.
This Resolution came into effect on June 1st, 2024.
For further information please contact mperuzzotti@ojambf.com or asanchezvicentini@ojambf.com
