Argentina Adopts New Data Protection Regulations for the Use of Do Not Call Registry and CCTV
The Argentinian Data Protection Authority (DPA) beefs up penalties to fight robocalls and unconsented-to video surveillance by enacting Do Not Call and CCTV regulations.
Because robocalls are cheap and efficient, they have become a quite popular form of advertising in Argentina. In order to curb the variety of abuses that can come from robocalling—such as deceptive and abusive marketing—Argentina is injecting into their regulatory regime penalty-driven regulations that will address the problems presented by robocalls. This will preserve their beneficial use while still complying with Argentina’s privacy law requirements. Specifically, the February 2015 sanctions regulation addresses the recently adopted national Do Not Call registry that was implemented at the start of this year.
To comply with the Do Not Call regulations, companies need to register and download the database of individuals who do not want to be called. If companies fail to do so, they can be subject to various serious fines of up to USD $12,000. Examples of serious breaches include the processing of personal data without the DPA registration or breach of the Do Not Call regulation in marketing campaigns (even if the caller is located abroad). Any international transfers in breach of the Data Protection Act and its regulations would be considered a more serious breach. Indeed, the DPA has already issued 60 enforcement notices based on this new sanctions regulation.
In February, the DPA also enacted a law regulating the use of closed-circuit television (CCTV) cameras for video surveillance in the private and public sphere. The new CCTV regulation requires data controllers to apply, if possible, notice and consent provisions to CCTV-related data processing. It also requires that a conspicuous sign be included for the purpose of informing the data subject of the name and domicile of the data controller, as well as where to exercise the data protection rights. Additionally, CCTV databases must be registered and the personal data collected shall not be used for any purpose incompatible with that which gives rise to their collection. It is important to note that some CCTV processing is exempted from consent, such as public government databases and processing data within private property for private purposes.
These regulations were enacted in an effort to round out and complete Argentina’s privacy legal framework.