The Argentinian data protection authority ('AAIP') published, on 14 November 2022, its Decision No. 212/2022, in which it imposed a fine of ARS 160,000 (approx. €930) on Telefónica Móviles Argentina S.A., for violations of Article 6 of the Personal Data Protection Act, Act No. 25.326 of 2000 ('the Act'), following a complaint from an individual.

Background to the decision

In particular, the AAIP outlined that it had received a complaint from an individual, on 12 November 2021, that Telefónica Móviles Argentina did not comply with the complainant's requests relating to their right of access and right to rectification. In addition, the AAIP highlighted that Telefónica Móviles Argentina allegedly established a telephone line in the complainant's name without their consent.

Findings of the AAIP

Following its investigation, the AAIP noted that Telefónica Móviles Argentina did not comply with the requests made by the complainant in an express and clear manner pursuant to Article 6 of the Act, which constitutes a serious infraction. In addition, the AAIP confirmed that Telefónica Móviles Argentina committed a serious infraction for not attending to the right of access and rectification in due time and form.

Outcomes

In light of the above, the AAIP issued a fine of ARS 80,000 (approx. €460) to Telefónica Móviles Argentina for each of the two infractions, amounting to a total of ARS 160,000 (approx. €930).

You can read the decision, only available in Spanish, here.