On May 24, 2024, the Agency for Access to Public Information (“AAIP”), issued Resolution 126/2024 (the “Resolution”) which introduced changes in the classification of infractions to Laws No. 25,326 on Personal Data Protection and 26,951 on Telephony Services (hereinafter the “Laws”) and in the regime for grading penalties:
The Resolution introduced the following changes:
- The “Classification of infractions”.
- Creation of a “Graduation Regime” of penalties for infringements to the Laws.
- Procedures for the management of the National Registry “Do not call” were incorporated, establishing that holders or users of telephone services, in any of its modalities, may file complaints for non-compliance with Law No. 26,951 through the website.
- The “Direccion Nacional de Proteccion de Datos Personales” (National Directorate of Personal Data Protection) was established to manage the registry of violators of the Laws, whose purpose will be: to organize and keep updated the complaints filed before the Direccion Nacional de Proteccion de Datos Personales, a registry of those responsible for the non-compliance with the Laws. As well as to record all the elements of judgment that may be of interest to the National Directorate for the Protection of Personal Data.
Regarding the “Infringement classification regime”, where infringements are classified as “minor”, “serious” and “very serious”. It is established that:
- Conduct such as not informing in due time and form modifications, cancellations before the National Registry of Databases and Data, as well as requirements demanded for the transfer of personal data will be considered “minor” infringements. On the other hand, measures tending not to inform the security and confidentiality measures implemented when requested by the “Direccicion Nacional de Proteccion de Datos Personales” (DNPDP) or not to respond to the agency when information is requested in its inspection task or exercise of its competences will be considered in the same way.
- The processing of personal data by means of video cameras without complying with Law No. 25,326 and complementary regulations shall be considered “serious” infringements.
- Very serious” infringements will be considered the same as those regulated in the previous regulation. The AAIP will continue to be competent to classify other types of conduct under this scale.
The following modifications were agreed upon regarding the “Regime for Graduation of Penalties for Infractions to the Laws”:
- New scales of fines were set for violations, ranging from one thousand pesos ($1,000) to one hundred thousand pesos ($100,000).
- Penalties, suspensions, closures or cancellations of the databases may be applied depending on the seriousness of the violation.
- The AAIP may increase the obligations to do in order to make the non-compliance cease.
- When there is an accumulation of sanctions and more than one pecuniary sanction is included for identical punishable conduct, a ceiling will be applied to the amount of the total fine for such conduct equivalent to the maximum of the scale that corresponds according to the seriousness of the infringements committed, multiplied by five hundred (500).
- When the sanctioned person chooses to pay voluntarily, a term of twenty (20) working days from the notification is established, allowing a fifty percent (50%) reduction in the value of the fine, if the amount is paid voluntarily before the established term.
The Resolution became effective on June 1, 2024.
