Data Privacy & Data Protection: normative alert on APIA Resolution No. 34/2019.
Dear Sir or Madam,
Resolution No. 34/2019 (the “Resolution”) of the Agency for the Access to Public Information (the “AAPI”) was recently published in the Official Gazette, replacing section 3 of Provision 60-E/2016 of the National Directorate for Personal Data Protection which approved the model contract clauses for international transfers for those transfers of data aimed at countries without adequate legislation on the protection of personal data, and at the same time established which were the countries with adequate legislation.
After receiving a request from the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) requiring to take the necessary measures to ensure the international flow of personal data from the Argentine Republic to the United Kingdom after its departure from the European Union, the AAPI conducted a background check and concluded that the personal data protection standards provided by the United Kingdom have been maintained and have even been strengthened. Consequently, the AAPI considers that the United Kingdom continues to provide an adequate level of protection under the terms of Law No. 25,326 on Personal Data Protection.
In view of the above, the Resolution has replaced section 3 of Provision 60-E/2016 with the following: “For the purposes of application of this provision, countries with adequate legislation are considered to be the following: Member States of the European Union and members of the European Economic Area (EEA), United Kingdom of Great Britain and Northern Ireland, Swiss Confederation, Guernsey, Jersey, Isle of Mano, Feroe Island, Canada only regarding its private sector, Principality of Andorra, New Zealand, Eastern Republic of Uruguay and State of Israel only with respect to the data that receives an automated treatment”.
Please, do not hesitate to contact us should you require any additional information on this matter.
Emilio Beccar Varela
Martín Beccar Varela