AAIP Resolutions No. 240/2022 and No. 244/2022.
Data Privacy & Data Protection – Cybersecurity department report | AAIP Resolutions No. 240/2022 and No. 244/2022
Dear Sir or Madam,
Resolution No. 240/2022 of the Agency for Access to Public Information (“AAPI”), published in the Official Gazette of the Argentine Republic on December 5th, 2022, established the following issues:
a) Repealed Provisions No. 9 of February 19th, 2015, and No. 13 of March 10th, 2015, both of the National Directorate for the Protection of Personal Data (“NDPPD”), which classified the infringements to the Personal Data Protection Law (“DP Law”) and graduated the applicable sanctions.
b) Replaced Annexes I and II of Section 2 of NDPPD Provision No. 7, dated November 8th, 2005, with new Annexes I and II, introducing a new classification of infringements and graduation of sanctions. In brief, the resolution introduced new punishable conducts and increased sanctions for minor and severe infringements.
Click here to read the resolution’s full text.
On December 6th, 2022, AAPI Resolution No. 244/2022 was published in the Official Gazette. Such resolution:
a) Repealed Provision No. 71-E of the NDPPD of December 13th, 2016, which established the maximum fine ceiling to be applied when a convicting administrative act included more than one pecuniary sanction for identical punishable conduct within each of the levels of “Graduation of Sanctions” provided by DNPDP Provision No. 7/05, as amended.
b) Set forth that when a convicting administrative act includes more than one pecuniary sanction for identical punishable conduct within each of the levels of “Graduation of Sanctions” provided by Resolution No. 240 of December 1st, 2022, of the AAPI, the following maximum limits shall be applied: a) for minor infringements, Pesos three million (AR$3, 000,000.-); b) for serious infringements, Pesos ten million (AR$10,000,000.-); and c) for very serious infringements, Pesos fifteen million (AR$15,000,000.-). In other words, the maximum ceilings were raised from Pesos five million in the previous Provision No. 71-E to Pesos fifteen million in the current resolution.
Click here to read the resolution’s full text.
Please, do not hesitate to contact us if you require additional information on this matter.
Sincerely,
Emilio Beccar Varela
Florencia Rosati