Argentina: The data protection authority enables the registration of foreigners that are responsible for personal databases

In brief

On 29 November 2022, the Agency for Access to Public Information (DPA) incorporated an online registration form to enable foreign individuals and legal entities that are not established in Argentina but that process personal data of Argentine citizens to register as "responsible for personal databases.


Contents

In focus

Personal Data Protection Law No. 25,326 and its related regulations set forth that both those responsible for databases that will issue reports ("Persons Responsible for Databases") and the existence of said databases must be registered with the National Registry of Databases ("Registry").

Although initially the registration procedure had to be carried out in paper format and, in certain cases, renewed annually, in 2018 the DPA resolved — by means of Resolution 132/2018 — that the registration must be completed online through the Trámites a Distancia platform (TAD).

However, TAD — as well as the template registration forms to be completed — did not consider scenarios in which the Persons Responsible for Databases were foreigners.

With the implementation of the new online registration form, foreign Persons Responsible for Databases that process personal data of Argentine citizens must now register with the Registry, even if they have no local presence in Argentina. The main purpose of this initiative is to guarantee data subjects a higher level of protection, so that a Person Responsible for Databases' lack of presence in Argentina does not entail an obstacle for data subjects to exercise their rights. 

The new online registration form can be accessed here and has the nature of a sworn statement.

Download the Spanish version.


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