Resolution 120/2024 (“Resolution”) of the Agency for Access to Public Information, which became effective on June 1st of this year, modified penalties for non-compliance with the Personal Data Protection Law and its ancillary regulations (“LPDP”, for its acronym in Spanish). As a result of this:
– New infringements to the LPDP are added.
– The fine limit for cases where there is an accumulation of sanctions is increased.
– Fine reduction for voluntary payment of fines is regulated.
Further information can be found below:
- Changes in the penalty regime.
The Resolution has added the following conducts to the category of “Minor Offenses”:
- Failure to report the security and confidentiality measures implemented at the request of the National Directorate of Personal Data Protection (“DNPDP”, for its acronym in Spanish).
- Failure to inform whether the organization complies with the requirements of the LPDP to transfer personal data, such as collecting informed consent of data subjects.
- Proof, if applicable, that the organization complies with the requirements for transferring personal data.
On the other hand, the processing of personal data by means of video cameras in breach of the conditions established in the LPDP has been incorporated as a “Severe Offenses”. You can find more information on the regulations applicable to the processing of personal data through video surveillance here.
- Modifications in the maximum limit of fines.
Although each violation of the LPDP will be sanctioned independently, fines will be accumulated when several punishable conducts occur within the same proceeding, even when there is not a plurality of affected data subjects. For these cases, the Resolution establishes a fine limit equivalent to the maximum fine provided in the LPDP multiplied by 500. For example, since the maximum fine applicable to serious infringements is 100,000 Argentinian pesos, the penalty cap in case of accumulation of infringements will be equal to 50,000,000 Argentinian pesos, which to date is equivalent to approximately 37.000 United States dollars, considering the exchange rate known as “MEP”.
- Voluntary fine payment regime
The Resolution also reduces fines for organizations that demonstrate their commitment to comply with the LPDP. Therefore, if the organization voluntarily pays a fine within 20 working days from its notification, the fine will be reduced by 50%. In addition, to access this relief, the organization must prove that it has started the execution of any obligations imposed by the DNPDP to correct its breach of the LPDP.
If your organization needs advice on how to prevent personal data protection sanctions, do not hesitate to contact info@lermanszlak.com.
Luciano Gutman T°145 F°535 CPACF
