Ministerio de Justicia y Derechos Humanos, Presidencia de la Nación.


English version

2016 Annual Statement

During 2016, the PDP, dependent of the Subsecretariat of Registration Affairs of the Ministry of Justice and Human Rights,was dedicated to continue and strengthen their training programs and their control, audit and assessment plans, in terms of personal data protection according to Act 25.326, in which the DNPDP is established as controlling authority.

An increasingly connected world and the unceasing advance of the new technologies in the current digital age require a bigger effort by the government to ensure the protection of intimacy and privacy of data subjects, as well as to ensure the security within the treatment of such data.

2016 Report

Furthermore, one of the main functions of the PDP is to raise awareness of the importance of protecting personal data and ensure an adequate use of electronic devices through which Internet services and products are provided.

Considering the Argentine Act 25.326 on Personal Data Protection was enacted on October 2000, technology has increasingly developed since then, and Europe has recently updated its legislation, the PDP started during 2016 a reflection process on the need for a law reform. This process took place within the frame of the program "Justicia 2000" of the the Ministry of Justice and Human Rights and received the support and contribution from experts and specialists from the private sector, the academic world and the civil society. Work was done on the basis of the consideration that technological advances have called for a need of an improved privacy framework. . In this sense, the PDP plans to initiate the drafting process of a law for the Executive branch to formally encourage the reform of the present law if it deems it advisable.

It is important to emphasize that in August 2016, the PDP's Advisory Council held a meetingafter more than nine years not having met. During the meeting, the members of the Council together with Eduardo Bertoni, the National Director, discussed relevant aspects of personal data protection and of the PDP in particular, like improvements in the implementation of the National "Do Not Call" Register (Registro Nacional "No Llame") and the importance of a reform of Act N° 25.326.

On the other hand, Argentina participated of the 38th International Data Protection and Privacy Commissioners Conference, held in the city of Marrakesh, Morocco, during the month of October, after ten years absence. In this conference, our country was co-sponsor of two resolutions.

We should also highlight the designation of the PDP as member of the Executive Committee of the Ibero-American Data Protection Network (RIPD), during November within the Seminar "Europe-Ibero-America: a common vision on data protection. The new European framework and its impact on Ibero-America", held by the RIPD in the city of Montevideo, Uruguay.

Also, as regards control and audit, several security controls were started within Argentina. During December, many inspections were carried out to audit data bases in the cities of Mar del Plata, Bahía Blanca and San Miguel de Tucumán in order to check compliance with the law and to make data controllers and processors aware of their responsibility and the potential application of sanctions in case of non-compliance. The PDP plans to continue with these controlling procedures within Argentina during 2017.

With the purpose to provide better services to the community, the PDP has classified its dispositions by themes. The website, which already allowed to search dispositions by year, now also allows users to search by theme, enabling everyone to download and consult all dispositions related to a theme of interest without needing to personally consult in the PDP's offices. As regards the presence of the PDP in the web, the flow of access to its official web site should be remarked, counting 1.933.577 visits during 2016, a slightly higher number than the one the year before. The weballowed citizens to receive information and assessment, to conduct complaints and make suggestions concerning personal data protection.

Media addressed the work of the PDP, such as the investigations initiated against UBER, Facebook, WhatsApp, Club Tigre, among others.

Finally, during 2016 several dispositions were published, some of which included sanctions and others substantive aspects of data protection.

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