Protection of personal data
What is Protection of personal data?
Personal data can be defined as information referring to a specific or determined natural person. The protection of personal data implies adopting measures -legislative, technical and organizational- to protect such data and their owners from misuse. The protection of personal data has been recognized as a fundamental right of individuals. In most countries there are regulations related to the protection of privacy and personal data, being the European GDPR (General Data protection regulation) the most recognized internationally.
What can be protected? Any kind of information- concerning specific natural persons or persons that can be determined from such information, can be protected
FAQs about protection of personal data
In Argentina, the protection of personal data is recognized in section 43 of the National Constitution. Likewise, the Personal Data Protection Law No. 25,326, the Regulatory Decree No. 1558/2001 and the Provisions issued by the National Directorate for the Protection of Personal Data (DNPDP) under the Agency for Access to Public Information (AAIP), regulate the protection of personal data in Argentina.
The law establishes administrative and criminal penalties for those who fail to comply with the regulations on personal data protection. The law also establishes that actions for damages and losses may be recognized as a consequence of non-compliance with the law.
The law recognizes a series of rights to the owners of
personal data in Argentina so that they can exercise
effective control over the use of their personal data.
These rights are:
– Right of Access
– Right of Rectification
– Right of Update and
– Right of Suppression.
The person responsible for the processing of personal data
must ensure that the data owner can exercise these rights.
GDPR is the European General Data protection regulation which was adopted in 2016 and became effective in 2018, establishing guidelines and principles for the processing of personal data of those residing in the European Union. Anyone collecting and processing personal data of EU residents must comply with it.
All those who develop a website or mobile application must have a privacy policy so that users know how and for what purpose their personal data is collected and processed. Privacy policies should clearly explain what data is collected, how it is used and with whom it is shared. In this way, the user, duly informed, will give consent to the processing of his or her personal data
Our services in relation to protection of personal data
Registration of data bases
We assist with the registration of data controllers and databases before the Agency for Access to Public Information (AAIP), in accordance with Law 25,326. The procedure involves submitting a sworn statement detailing the type of data collected, collection methods, security measures adopted, planned international transfers, among other aspects. At Legal Core, we manage these registrations to ensure full compliance with Argentina’s data protection regulations.
Privacy policies
We draft customized privacy policies based on the applicable regulations, the particularities of our clients’ businesses, and the technologies involved. These policies must clearly inform users about the data collected, its purposes, how it is used, and with whom it is shared. At Legal Core, we also draft and review privacy policies as part of global compliance projects to ensure alignment with Argentine regulations.
Video surveillance manuals
Under Provision DNPDP 10/2015, images or video recordings are considered personal data if a person can be identified. Therefore, when installing a surveillance camera, it is mandatory to register the Video Surveillance database and submit a Video Surveillance Manual that complies with current regulations. At Legal Core Group, we provide support in drafting these manuals.
Security documents
The Personal Data Protection Law requires data controllers to implement technical and organizational measures to ensure the confidentiality and integrity of personal data, preventing alteration, loss or unauthorised accesse. At Legal Core Group, we draft security documents that detail these measures and procedures, helping organizations demonstrate compliance with Argentine regulations and effectively protect the personal data they process.