Why does this matter?
Argentina’s Supreme Court struck down the exceptions that allowed government agencies to share personal data among themselves without consent. If your company handles data from public registries or interacts with government databases, this ruling raises the bar.
Key facts
– Case: “Torres Abad, Carmen v. National Government – Chief of Cabinet s/ habeas data”
– Court: Supreme Court of Argentina
– Date: April 30, 2026
What happened?
ANSES (the national social security agency) shared a citizen’s phone number and email address with the Public Communications Secretariat without her consent, under a Cabinet Chief resolution. The affected individual filed a habeas data action, arguing that the transfer violated her right to privacy and informational self-determination (Articles 19 and 43 of the Argentine Constitution).
What did the Court rule?
The Court declared unconstitutional Articles 5(b) and 11(b) and (c) of Law 25,326 (Personal Data Protection Law), which exempted government agencies from obtaining consent when sharing data between agencies in the exercise of their functions.
The rule going forward: providing personal data to a government agency for a specific purpose does not authorize its subsequent use for different purposes or its circulation among public bodies. Free, express and informed consent is now an absolute requirement.
Practical impact:
This ruling sets stricter standards for all government handling of personal data. Companies that receive or share data with public agencies should review whether they have adequate consent.
We remain at your disposal.
Canosa Abogados
