Constitutional Affairs Committee of the House of Representatives – Protocol amending the convention for the protection of individuals regarding the automatic processing of personal data.
Data Privacy & Data Protection Department report | Constitutional Affairs Committee of the House of Representatives – Protocol amending the convention for the protection of individuals regarding the automatic processing of personal data
Dear Sir or Madam,
On 5 October 2022, the Constitutional Affairs Committee of the House of Representatives passed an opinion on the bill approving the Amending Protocol to the Convention for the protection of individuals with regard to the automatic processing of personal data (“Additional Protocol”), also known as Convention 108+, signed in the city of Strasbourg, France, on 10 October 2018. As a result, the aforementioned Committee expects that in the next session of the House the Additional Protocol, which has already been approved by the Senate in July 2020, will be approved in Congress.
The enactment of the law approving the Additional Protocol is intended to update the content of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (of 1981, as amended in 1999), known as Convention 108, and which was approved by Argentina by Law No. 27,483, in order to align it with the changes introduced in recent years pursuant to the European Union’s General Data Protection Regulation (“GDPR”).
In this sense, if the Additional Protocol is finally enacted, it will incorporate changes that would strengthen some aspects of the Argentinean personal data protection law, such as (i) the broadening of categories of data, incorporating genetic data, personal data related to crimes, criminal proceedings and criminal convictions, biometric data that uniquely identifies a person, among others, (ii) stricter conditions regarding the principles of minimization, proportionality, and lawfulness in data processing, (iii) updating of the provisions regarding the international transfer of personal data, (iv) applicability of the principle of “privacy by design”, (v) greater requirements regarding transparency in data processing; (vi) new rights for data subjects in the context of decisions taken as a result of the use of automated means; (vii) the obligation to report security incidents.
It is worth noting that the approval of the opinion of the draft law on the Additional Protocol takes place within the framework of the preliminary draft law on the protection of personal data that is currently being promoted by the Agency for Access to Public Information to replace Law No. 25,326 on the Protection of Personal Data.
Please, do not hesitate to contact us should you require any additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati