Argentina announces new data protection regulations
1 April 2015
Argentina has recently passed two new Regulations – one related to CCTV and privacy and the other related to Do Not Call sanctions.
In line with many global regulators the data protection authority (DPA) in Argentina has provided regulatory guidance around the use of CCTV applicable to both the public and the private sector.
Whilst some CCTV processing is exempt for security, in most other cases the use of CCTV must be proportionate and the rights of privacy of the individual need to be respected.
The use of CCTV needs to be registered with the DPA and there needs to be adequate information security in place in relation to captured images.
In respect of the Do Not Call Registry Regulation 9/2015 was enacted to implement a new enforcement regime in respect of the Do Not Call Register.
“Very serious breaches” of the Do Not Call Register law fines can be levied at up to $12,000 and “serious breaches” can carry fines between $3,000 and $10,000.
Examples of “very serious breaches” are failing to comply with regulatory orders from the regulator, breaches of the Argentinian Data Protection Act in terms of international data sharing and/or breaches of confidentiality.
“Serious breaches” are regarded as failure to register and/or maintain registration with the DPA, processing without such registration and non-compliance with the Do Not Call Register even where the caller is located abroad.
The last point above indicates the extra territorial nature of the changes to the law.