Case Law | Habeas Data – Federal Jurisdiction – Database interconnected with the computer file system of the Central Bank of the Argentine Republic.
Data Privacy & Data Protection Department | Case Law | Habeas Data – Federal Jurisdiction – Database interconnected with the computer file system of the Central Bank of the Argentine Republic
“Romero, Fernando Felix v. Coppel S.A.”, Federal Court of Appeals in Civil and Commercial Matters, Division II, Case No. 7504/2020, 1st March 2021.
Fernando Félix Romero filed a habeas data lawsuit against Coppel S.A. in order to request the company to provide him with the information it had on its database about him, inform about the origin and destination of that information and explain whether it had been transferred to third parties. Also, Mr. Romero requested information as to whether he had been informed as a debtor and/or defaulter in its records and requested that, in the event of error or inaccuracy in the stored information, this information be rectified and/or deleted.
The Court of First Instance attributed jurisdiction to the National Commercial Courts. The plaintiff challenged the ruling, arguing that the defendant’s database is interconnected with several offices throughout the country and that this enables the intervention of the Federal Courts.
Contrary to the decision of Division III of the Civil and Commercial Federal National Court of Appeals cited below (D. F., D. A. v. Paktar SRL), Division I of the same Court, in this case, revoked the appealed ruling Read more… and ordered the Court of First Instance to reassume the declined jurisdiction since it understood that the issue raised by the plaintiff was aimed at obtaining protection of personal information contained in a database interconnected with the computer file system of the Central Bank of the Argentine Republic, and therefore this justified the attribution to the Federal Jurisdiction.
Click here to access the ruling full text.