The Chamber of Deputies of the National Congress approved Convention 108+ on automated data processing. The Agency for Access to Public Information submitted the Bill on the Protection of Personal Data.
Data Privacy & Data Protection Department report | The Chamber of Deputies of the National Congress approved Convention 108+ on automated data processing. The Agency for Access to Public Information submitted the Bill on the Protection of Personal Data.
Dear Sir or Madam,
On November 9th, 2022, the Chamber of Deputies of the National Congress approved the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (“Additional Protocol”), also known as Convention 108+, signed in the city of Strasbourg, France, on October 10, 2018. The Additional Protocol already had the approval of the Chamber of Senators since July 2020.
The Convention 108+ updates the content of the Convention for the Protection of Individuals with respect to the Automated Processing of Personal Data (of 1981, as amended in 1999), known as Convention 108 and that was approved by Argentina through Law No. 27,483, in order to align said agreement with the changes that were introduced in recent years due to the entry into force of the General Protection Regulations of Data (“GDPR”) of the European Union.
Along these lines, changes are incorporated that reinforce some aspects of the Argentine regulations on the protection of personal data, such as (i) the expansion of categories of data, incorporating genetic data, personal data related to crimes, criminal proceedings and criminal sentences of conviction and related security measures, biometric data that identify only one person, among others, (ii) harsher conditions regarding the principles of minimization, proportionality and lawfulness in data processing, (iii) updating of provisions regarding the international transfer of personal data, (iv) applicability of the principle of “privacy by design”; (v) increased demands regarding transparency in data processing; (vi) new rights to data subjects in the context of decisions taken as a result of the use of automated means; (vii) the obligation to report security incidents and (viii) the obligation to carry out impact assessments prior to the start of processing activities.The Convention 108+ will come into force when ratified by all parties to the Convention 108, or on 11 October 2023 if Convention 108+ is ratified by, al least, 38 parties. Up to the date the Convention 108+ was ratified by 20 countries. It should be noted that Convention 108+ provides that, prior to its entry into force, the Parties may, at the time of signing Convention 108+ or subsequently, declare the provisional application of the provisions thereof. In that case, the provisions of Convention 108+ shall apply only in respect of the other parts which have made a similar declaration.
On another note, following the Public Consultation instance, on November 10, 2022, the Agency for Access to Public Information (“AAPI”) submitted the Draft Law on the Protection of Personal Data (the “Bill”).
According to the AAPI, several of the articles of the draft bill on the protection of personal data were reviewed and modified based on the opinions, contributions, and comments of the general public, civil society organizations, universities and researchers, the private sector and the national and international public sector. In addition, four new articles were incorporated. The Bill has a total of 80 articles, its full text can be accessed here.
Please, do not hesitate to contact us should you require any additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati
Mariana Lamarca Vidal
Santiago Durañona
Martín Beccar Varela