Data Protection

Data Protection

Governments and regulators around the world are considering a number of legislative and regulatory proposals concerning data protection. In addition, the interpretation and application of consumer and data protection laws or regulations in the United States, Europe and elsewhere are often uncertain and in flux, and in some cases, laws or regulations in one country may be inconsistent with, or contrary to, those of another country. (1)

Many of these laws and regulations relating to privacy, rights of publicity, data protection, content regulation, intellectual property, competition, protection of minors and consumer protection are “evolving and being tested in courts and could be interpreted or applied in ways that could harm our business, particularly in the new and rapidly evolving industry in which we operate. The introduction of new products or services may subject (companies) to additional laws and regulations.

In addition, foreign data protection, privacy, consumer protection, content regulation and other laws and regulations are often more restrictive than those in the United States. In particular, the European Union and its member states traditionally have taken broader views as to types of data that are subject to privacy and data protection, and have imposed greater legal obligations on companies in this regard. A number of proposals are pending before federal, state and foreign legislative and regulatory bodies that could significantly affect our business. For example, regulation relating to the 1995 European Union Data Protection Directive is … being considered (in 2014) by European legislative bodies that may include more stringent operational requirements for entities processing personal information and significant penalties for non-compliance.

Additionally, a European Parliament Inquiry has recently indicated that it will recommend suspension of the EU – U.S. Safe Harbor Framework as part of this regulation. (Some US companies) rely upon the EU – U.S. Safe Harbor Framework to transfer certain personal information of European Union residents to the United States, and revocation of the Safe Harbor Framework could require (companies) to create duplicative, and potentially expensive, information technology infrastructure and business operations in Europe or limit (the companies) ability to collect and use personal information collected in Europe.

Similarly, there have been a number of recent legislative proposals in the United States, at both the federal and state level, that would impose new obligations in areas such as privacy and liability for copyright infringement by third parties. The U.S. government, including the FTC and the Department of Commerce, has announced that it is reviewing the need for greater regulation for the collection of information concerning user behavior on the Internet, including regulation aimed at restricting certain online tracking and targeted advertising practices.

Additionally, recent amendments to U.S. patent laws may affect the ability of companies … to protect their innovations and defend against claims of patent infringement.” (2)

Data Protection in Argentina

The right of privacy is an ample and comprehensive right. The information technology revolution has made it necessary to create appropriate legal instruments to provide an overall defense in respect of personal data.

Personal Data Protection Legislation establishes a range of obligations in order to protect personal information recorded in datafiles, registers, databases or other technical means of personal data treatment.

Argentinian legal framework guarantees people honor, dignity as well as personal and familiar privacy in accordance with the provisions of Section 43, Third Paragraph of the National Constitution.

According to the Law, personal data means any kind of information referred to certain or ascertainable people, both physical persons or legal entities, that is, any information that allows to identify people.

Companies and individuals who manage public datafiles or private ones for the purpose of providing reports are obliged by the Law.

Without prejudice to the liability for damages arising from the non-observance of the law, and the applicable criminal penalties, the controlling agency (Dirección Nacional de Protección de Datos Personales) may apply sanctions consisting in warnings, suspensions, or fines ranging between one thousand pesos ($ 1.000.-) and one hundred thousand pesos ($ 100.000.-), closure or cancellation of the file, register or database.

Argentina is the first Latin American country to be awarded the status of “adequate country” from the point of view of European Data Protection authorities, and this breakthrough is expected to encourage other countries in the region to work towards improving data protection rights for individuals. See, for more information, the Opinion 4/2002 (European Commission. -Article 29 Data Protection Working Party) on adequate level of protection of personal data in Argentina, and the Decision C(2003) 1731 on adequate protection of personal data in Argentina, from the Commission of the European Communities.

Legislation about Data Protection in Argentina

  • Argentine Constitution, Section 43.
  • Personal Data Protection Act of October 2000. Act 25.326.
  • Decree 995/2000.
  • Data Protection infrigments and penalties. Provision 1/2003.
  • National Database Registry. Provision 2/2005.
  • Security measures for the treatment and maintenance of personal data contained in files, records, databanks or databases. Provision 11/2006.

Caselaw in Argentina

First Spam Case in Argentina: On April 7, 2006 a federal judge from the City of Buenos Aires issued the first decision in a spam case. Plaintiffs Gustavo Daniel Tanús and Pablo Andres Palazzi sued a well known spammer under the new data protection law of Argentina. In their complaint the two plaintiffs argued that section 27 of the 2000 Argentine Data Protection Law gives them a right to opt out, which the spammer did not comply with when they asked to be removed from the database (They demanded that their email be deleted from the database). In November 2003, the judge issued an injunction, declaring that during the process the defendant should refrain from sending plaintiffs additional e-mails. The injunction also forbids the transfer of the plaintiffs emails to third parties. His decision was based on the data protection law (section 1, 2, 5, 11 and 27). Finally, the judge issued the final decision, ordering defendants to stop any treatment of personal data of the plaintiffs and delete their personal information. The decision concludes that the sending of spam infringed the plaintiff privacy and data protection rights.

This case was followed widely in the news:

  • “Judge in Argentina Orders Halt to Spamming in First E-Mail Junk Case”, by David Haskel. (Privacy & Security Law Report, Vol. 2, No. 47, p. 1344 -Nov. 24, 2003-. Copyright 2003 by The Bureau of National Affairs, Inc.).
  • “Argentina to Conduct Nationwide Census of Databases Containing Personal Data”, by David Haskel. (Privacy & Security Law Report. Copyright 2004 by The Bureau of National Affairs, Inc.).
  • “Argentine Presidente Kills Decree that Allowed Officials to view E-mails”, by David Haskel. (Privacy & Security Law Report. Volume 4, Number 16. April 18, 2005. Copyright 2005 by The Bureau of National Affairs, Inc.).
  • “Judge Declares Spam Illegal in First such Ruling in Argentina”. by David Haskel. (from Privacy & Security Law Report. April, 2006. Copyright 2006 by The Bureau of National Affairs, Inc.).
  • “Spammers face music in Argentina”. (LatinLawyer Online. May, 2006. Copyright 2006 by Law Business Research Limited.).
  • “Google, Yahoo! ordered to remove Model`s links to Argentina Porn Sites”, by David Haskel. (from Privacy & Security Law Report. November, 2006. Copyright 2006 by The Bureau of National Affairs, Inc.).
  • “Argentina`s Creditworthiness Databases Must Remove Names of Crisis-Hit Debtors”, by David Haskel. (from Privacy & Security Law Report. Volume 7, Number 2, January, 2008. Copyright 2008 by The Bureau of National Affairs, Inc.).
  • “Buenos Aires Creates Autonomous Personal Data Protection Authority”. by David Haskel. (Reproduced with permission from Privacy & Security Law Report. Volume 7, Number 20, May 19, 2008. Copyright 2008 by The Bureau of National Affairs, Inc.).
  • “Google and Yahoo win appeal in Argentina Case”. by Vinod Sreeharsha, August 19, 2010. The New York Times).

Consumer Biometric Legal Issues

This is a detailed review of various biometrics, technologies that use them, how these technologies work, and general issues associated with them. With a view to application in the private sector, the entry also discusses the relevant privacy concerns and the private biometric benefits.

Data Protection

In relation to the data protection and constitutional law, Fruzsina Molnár-Gábor[1] made the following observation: Data can be defined in a broad sense as material for the purpose of analysis. Information generally refers to what results from data analysis through interpretation (Taylor 41). Because of the data’s potential to provide a large quantity of diverse information on whom data is about, it is not primarily data itself that has to be protected, but the data subject. Personal data protection aims to protect the individuals from whom data originates, in particular to protect their rights and freedoms which may be compromised as a result of their data being applied in (…)


See Also

  • Civil Liberty
  • Civil Right
  • Legal Right
  • Citizen Freedom
  • Political Liberty
  • Constitutional Right
  • Political Right
  • Freedom of Speech


Notes and References

  1. Max Planck Encyclopedia of Comparative Constitutional Law, Fruzsina Molnár-Gábor, “Data Protection” (2018, Germany, United Kingdom)

See Also

  • Data protection
  • Dignity of Individuals
  • Autonomy of Individuals
  • Right to access to information
  • Right to privacy



  1. Twitter, 2014 Annual Report
  2. Id.

See Also

Intellectual Property

Hierarchical Display of Data protection

Education And Communications > Information technology and data processing > Data processing
Education And Communications > Information technology and data processing > Computer system > Information security

Data protection

Concept of Data protection

See the dictionary definition of Data protection.

Characteristics of Data protection

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Translation of Data protection

Thesaurus of Data protection

Education And Communications > Information technology and data processing > Data processing > Data protection
Education And Communications > Information technology and data processing > Computer system > Information security > Data protection

See also

  • Data security