Collection and processing in Argentina
Personal data collected for purposes of processing must be truthful, adequate, relevant and not excessive in relation with the scope and purpose for which they were obtained. The gathering of data shall not take place by unfair or fraudulent means or in an otherwise illegal manner.
Personal data may not be used for purposes different from or incompatible with those for which the personal data was initially collected. Personal data must be accurate and properly updated when necessary. Totally or partially inaccurate personal data, or those that are incomplete, shall be suppressed and substituted, or completed where relevant, by the person responsible for the archive or database, whenever such person becomes aware of the inaccurate or incomplete character of the information.
Consent from the data subject is required, which must be free, express and informed consent and in writing or in another equivalent form, unless:
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The personal data were obtained from sources open to unrestricted public access
- The personal data were obtained as part of the performance of state duties or in compliance with a legal obligation
- The personal data consists of lists whose data are limited to the name, national identity document number, tax or social security identification, occupation, date of birth and domicile
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The personal data are derived from a contractual, scientific or professional relationship and are necessary for such relationship
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The personal data result from operations conducted by financial entities with their clients or consist in the information such financial entities receive from their clients pursuant to the Financial Entities Law
When the authorization for the collection and processing of data is requested, the data subject must be informed about the purpose for which the data will be processed, as well as about the individuals or groups of individuals who will have access to the processed information. In addition, the archive, registry or data bank where the information will be kept must be identified, together with the person responsible for it. The data subject must be informed about the voluntary or compulsory nature of the answers requested from such owner, as well as about the consequences of providing the personal data or of refusing to give such information or of providing untruthful information. The data subject must also be informed about the right to access, rectify and suppress the relevant data.
Special rules apply to sensitive data. No person may be required to disclose sensitive data. Sensitive data may only be collected and processed where necessary, and with consent, as expressly permitted by law, or for statistical or scientific purposes provided the person they refer to may not be identified.
Data related to criminal records may only be processed by the relevant public authorities.
