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Argentina: AAIP resolution on sanctions and national Do Not Call registry enters into force

On June 1, 2024, Resolution 126/2024 (the Resolution) adopted by the Argentinian data protection authority (AAIP) entered into force. The Resolution modifies internal processes regarding the management and monitoring of complaints the AAIP receives for non-compliance with the Personal Data Protection Act (the Act) and creates the National Do Not Call Registry (the DNC Registry) in line with the National Do Not Call Registry Law No. 26,951 (Law No. 26,951).

What are some provisions of the Resolution?

The Resolution introduces a classification of infractions that creates a regime for grading sanctions for violations of the Act. The classifications are divided into three categories with corresponding penalties, including:

  • minor violations (penalty of ARS 1,000 to 80,000 (approx. $1 to $89) for:
    • processing personal data without registration;
    • failing to report updates or cancellations to the DNC Registry, etc.;
  • serious violations (penalty of ARS 80,001 to 90,000 (approx. $89 to $100) and suspension of up to 30 days):
    • failing to register personal data databases;
    • declaring false data;
    • processing data without a legal basis; and
    • collecting data without informing owners, etc.; and
  • very serious violations (ARS 90,001 to 100,000 (approx. $100 to $111), suspension of processing for 31 to 365 days, and closure of the register or database):
    • not registering personal data databases when required;
    • processing inadequate data;
    • breaching confidentiality and security duties;
    • maintaining insecure databases;
    • retaining data beyond legal limits;
    • exceeding permissible data processing;
    • failing to remove data for advertising upon request; and
    • contacting individuals on the DNC Registry, etc.

Furthermore, the Resolution approves the management of the DNC Registry, establishes the procedure for registering, canceling, and changing the ownership of telephone lines in the Registry, and creates a complaints system for non-compliance with Law No. 26,951. Additionally, the Resolution establishes a Register of Offenders to keep records of those responsible for committing violations of Law No. 26,951.

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