Resolution 10/2008
The owners and users of public or private data banks must include information regarding personal data protection on their websites, in any communication or advertising material, and, in particular, in any form used to collect personal data. Buenos Aires, September 15, 2008. CONSIDERING File No. 168.917/08 registered in this Ministry and the powers vested in this ARGENTINE OFFICE OF PERSONAL DATA PROTECTION pursuant to Law No. 25.326 and the regulations thereof, as approved under Decree No. 1558, on November 29, 2001.
WHEREAS:
The powers vested in the ARGENTINE OFFICE OF PERSONAL DATA PROTECTION include the power to issue regulations to be followed in the performance of the activities covered under the scope of Law No. 25.326.
The aforementioned Office is entitled to receive complaints and claims brought in relation to the use of personal data in accordance with such Law.
As a control entity established under Law No. 25.326, the ARGENTINE OFFICE OF PERSONAL DATA PROTECTION is empowered to design adequate instruments to improve the protection of citizens’ personal data and the compliance with applicable legislation.
Pursuant to Section 6 of such Law, whenever personal data is collected, the holders thereof must be informed of the possibility to exercise access, rectification and deletion rights.
Pursuant to Section 14 of Law No. 25.326, any holder of personal data, once its identity has been evidenced, is entitled to access its personal information stored in public or private data banks.
In accordance with the aforementioned Law, any of these rights must be exercised at no cost whatsoever and within time periods no shorter than SIX (6) months, unless a legitimate interest is acknowledged.
In case of non-compliance with the term of TEN (10) consecutive days to reply to the access request sent by data holders, they may file an habeas data claim or report this situation before the ARGENTINE OFFICE OF PERSONAL DATA PROTECTION, in accordance with the provisions of Section 14 of Law No. 25.326 and Decree No. 1558/01.
The majority of data holders are unaware of the free access available, as well as their right to submit claims for any non-compliance on this regard and for the violation of personal data protection laws.
Consequently, in order to raise awareness among personal data holders, it is necessary to request the owners and users of public or private data banks to include information regarding personal data protection on their website, in any communication or advertising material, and, in particular, in any form used to collect personal data.
The permanent legal advisory service of the MINISTRY OF JUSTICE, SECURITY AND HUMAN RIGHTS has intervened. .
This measure is issued pursuant to the powers granted under Section 29(1)(b) of Law No. 25.326 and Section 29(5)(a) of Exhibit I of Decree No. 1558/01.
Therefore,

THE DIRECTOR OF THE ARGENTINE OFFICE OF PERSONAL DATA PROTECTION PROVIDES AS FOLLOWS:
Section 1 - The owners and users of public or private data banks must include, in a visible spot on their websites, in any communication or advertising material, and, in particular, in any form used to collect personal data, the following text: "Holders of personal data are entitled to exercise their right to access thereto at no cost and within intervals no shorter than six months, unless a legitimate interest is acknowledged, in accordance with Section 14(3) of Law No. 25.326".
Section 2 - The individuals aforementioned must also include, in the manner and places specified above, the following text: "The ARGENTINE OFFICE OF PERSONAL DATA PROTECTION, a control entity as established under Law No. 25.326, is entitled to receive claims and complaints brought in relation to any non-compliance with the rules on personal data protection".
Art. 3º - To be communicated, published, submitted to the Argentine Office of Official Publications and archived - Juan A. Travieso.

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