News on personal data protection
Over the last months there have been several developments on privacy as we briefly described below:
- New Data Protection Authority’s inspection proceedings
The Argentine Agency of Access to Public Information (“AAAPI”), controlling authority of Personal Data Protection Law No. 25,326 and Do Not Call Registry Law No. 26,951 introduced changes to the inspection proceedings.
AAAPI’s Resolution No. 332/2020 (“Resolution”) simplified the proceedings and ruled aspects that were not previously regulated such as the cases where the AAAPI shall or can request judicial authorization to inspect the investigated party’s records. Moreover, the Resolution sets forth the possibility of relying on formal or informal international collaboration mechanisms to obtain the assistance of foreign judicial or administrative authorities in specific cases, particularly when the controller is based in another country.
The Resolution created a document that includes legal and technical guidelines that shall be considered when receiving an inspection.
It should be noted that inspection can be both planned or unplanned. When the AAAPI receives a claim of a possible infringement to the law, then if deemed appropriate the AAAPI will initiate the relevant inspection proceedings.
The complete text of Resolution can be accessed on the following site https://www.argentina.gob.ar/normativa/nacional/resoluci%C3%B3n-332-2020-345895/texto
- New AAAPI´s director
Eduardo Bertoni, former AAAPI’s director tendered his resignation which came into effect on January 1st, 2021. As a consequence of Bertoni’s resignation, the Federal Chief of Cabinet nominated Gustavo Juan Fuertes as candidate for AAAPI’s director.
On the public audience that took place on March 23, 2021, public observations and proposal to the candidate were discussed and now the Federal Executive Branch shall take a decision as to whether confirm or withdraw the nomination. If confirmed, the candidate will be appointed as director.
- Information concerning vaccinated individuals
In the context of the Covid-19 pandemic, on February 24, 2021, the AAAPI released the guidelines on data treatment of individuals that were vaccinated against the virus. In that sense, certain main principles on personal data protection and access to public information legal frameworks were highlighted.
The guidelines distinguish three different scenarios on the processing of personal data in the frame of the Covid-19 vaccination campaign as follows:
| General information about the vaccination | Dissociated data (age, gender, date of vaccination) can be freely disclosed. Identified or identifiable data can be disclosed with the individual’s explicit consent. |
| Information about vaccination of officials and public employees | Can be freely disclosed. |
| Information about vaccination of individuals who could have access to vaccines violating the official Covid-19 vaccination schedules. | Can be freely disclosed. |
The complete report is available in Spanish on the following site https://www.argentina.gob.ar/sites/default/files/guia_vacunacion.pdf
For further information please contact: mperuzzotti@ojambf.com
