PERSONAL DATA PROTECTION
National office of Personal Data Protection
Provision 10/2008
It is established that those responsible and users of public or private data banks must include in their website and in all communication or advertising, in particular, in the forms used for the collection of personal data, information in this regard. Bs. As., 15/9/2008 HAVING SEEN File No. 168.917 / 08 of the registration of this Ministry and the competence attributed to this NATIONAL DIRECTORATE OF PERSONAL DATA PROTECTION by Law No. 25,326 and its regulations approved by Decree No. 1558, of dated November 29, 2001, and
CONSIDERING:
That among the attributions assigned to the NATIONAL DIRECTORATE OF PERSONAL DATA PROTECTION is that of dictating the regulatory norms that must be observed in the development of the activities included in Law No. 25,326.
That also, the aforementioned National Directorate has the authority to respond to complaints and claims that are filed in relation to the processing of personal data in the terms of said law.
That in its capacity as Control Body of Law No. 25,326, the NATIONAL DIRECTORATE OF PERSONAL DATA PROTECTION has the entrusted function of designing the appropriate instruments for the best protection of the personal data of citizens and the best compliance with the legislation of application.
That in accordance with the provisions of article 6 of said law, when personal data is collected, the owner must be informed that he has the possibility of exercising the rights of access, rectification and deletion.
That article 14 of Law No. 25,326 provides that the holder of the data, prior accreditation of his Identity, has the right to access his personal information included in public or private data banks.
That the same legal norm provides that said right may be exercised free of charge at intervals not less than SIX (6) months, unless a legitimate interest is accredited for this purpose.
That, in addition to the breach of the period of TEN (10) consecutive days that the person in charge or user of the database has to answer the request of access of the owner of the data, the latter may exercise the action of habeas data or report the fact before The NATIONAL ADDRESS OF PERSONAL DATA PROTECTION, in accordance with the provisions of article 14 of both Law No. 25,326 and Decree No. 1558/01.
That, for the most part, the owners of the data are unaware of the right of free access that assists them, as well as the possibility of denouncing not only their breach but also any other breach of the rules governing the protection of personal data.
That, consequently, in order to allow the owners of personal data to be aware of it, it is necessary to request those responsible and users of the databases to include information in this regard on their web pages and in all communication or advertising, in in particular, in the forms used for the collection of personal data.
That the legal advisory service of the MINISTRY OF JUSTICE, SECURITY AND HUMAN RIGHTS has taken part.
That this measure is dictated in use of the powers conferred in article 29, subsection 1, section b) of Law No. 25,326 and article 29, paragraph 5, section a) of Annex I of Decree No. 1558/01.
Thus,
THE NATIONAL DIRECTOR OF PERSONAL DATA PROTECTION PROVIDES:
Article 1 - Establish that those responsible and users of public or private data banks must include, in a visible place, on their website and in any communication or advertising, in particular, in the forms used for the collection of personal data, a legend indicating: "The holder of personal data has the right to exercise the right of access to them free of charge at intervals of not less than six months, unless a legitimate interest is accredited for this purpose in accordance with the provisions of article 14, subsection 3 of Law No. 25,326 ".
Art. 2 - Provide that the persons mentioned in the previous article must also include, in the form and places indicated above, a legend that states: "The NATIONAL ADDRESS OF PERSONAL DATA PROTECTION, Law Control Body No. 25,326, has the attribution of responding to complaints and claims that are filed in relation to the breach of the rules on protection of personal data ".
Art. 3 - Communicate, publish, give to the National Directorate of the Official Registry and file - Juan A. Travieso.