Data Protection in Argentina

Data protection laws in Argentina

Article 43 of the Federal Constitution, third paragraph, provides, in relevant part that any person may file an action to have access to personal data about such person and to information about the purpose with which they are kept, included in public data registries or banks, or in private data registries or banks, and to request the suppression, correction, confidentiality or updating of the data where inaccurate or discriminatory.

These provisions do not create an express constitutional right to privacy or data protection, but do create the basic framework for the protection of such right, as well as the foundation for the legislation, subsequently enacted, which regulates the details of that protection.

Law 25,326 - the Personal Data Protection Law (PDPL) includes the basic personal data rules. It follows international standards, and has been considered as granting adequate protection by the European Commission. Decree 1558 of 2001 includes regulations issued under the PDPL. Further regulations have been issued by the relevant agencies.

In November 2022, Argentina ratified Decision 108 of the Council of Europe, as amended, by means of Law 27,699.

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