International: ITI offers recommendations to Argentina's update on Personal Data Protection Law
The Information Technology Industry Council ('ITI') offered, on 13 October 2022, recommendations to the Argentinian data protection authority ('AAIP') as it seeks to update the Personal Data Protection Act, Act No. 25.326 of 2000. In particular, the ITI noted that it's recommendations reflect the possibility of developing robust and globally interoperable mechanisms to protect the personal data privacy and security of individuals, as well as maintaining EU adequacy.
Further, the ITI, recommended, among other things:
- to clearly define concepts in the legislation and consider developing examples to further support implementation and correct compliance with the law;
- to amend Article 24.1(c) of the draft proposal for the Personal Data Protection Act to recognise existing contractual arrangements and international transfer instruments that are aligned with and contain sufficiently similar substantive protections to those required by Argentine law;
- to pursue greater interoperability among legal systems and transfer tools to ensure the uninterrupted flow of data globally and to avoid unjustified or unnecessary suspensions of data transfers that may impact both organisations and citizens; and
- to continue recognising Binding Corporate Rules ('BCR's') and to negotiate with other data protection authorities' mutual recognition of BCRs to ensure that any such scheme developed for Argentinian companies achieves the benefits of transferring data from and to other jurisdictions.