In depth
The Resolution seeks to systematize, in a single rule, the diverse regulations in the various dispositions and resolutions that constitute the sanctions regime applicable to the protection of personal data, including the National Do Not Call Registry.
We highlight the following among the novelties introduced by the Resolution:
- A new classification of infringements to Law 25.326 and Law 26.951.
- A new regime for the graduation of penalties, establishing a new maximum limit when an administrative act of conviction includes more than one pecuniary penalty for the same punishable conduct.
- A 50% reduction in the graduation of the fines imposed if the offender makes a voluntary payment within 20 administrative working days of its notification.
With regard to the National Do Not Call Registry in particular, the Resolution approves the following:
- Form to request the consultation of registrants in the National Do Not Call Registry.
- Procedure for registration, cancellation and change of ownership of telephone lines in the National Do Not Call Registry, and for consultation of procedures and complaints.
- Procedure related to complaints for alleged breaches of Law 26.951 and to the opening and management of administrative proceedings.
- Procedure for consulting the National Do Not Call Registry.
Finally, the Resolution establishes that the National Directorate for the Protection of Personal Data will be in charge of the administration of the registry of violators of Law 25.326 and Law 26.951. The registry will have information related to the offenses committed, the penalties applied, and the recidivism of the offender, among other matters.
The Resolution will enter into force on 1 June 2024.
Click here to read the Spanish version.
Valentina Biondi, Associate, and Catalina Beñatena, Associate, have contributed to this legal update.
