On October 2000, Argentina enacted its first Data Protection Law1. Among other aspects related to the protection of personal data, the Data Protection Law provided for the obligation to register the databases under the scope of such law2 in a register to be created.
By the end of 2003, the National Direction for Personal Data Protection issued a Resolution3 to create the National Databases Register; nevertheless, such register has not been implemented yet and the obligation to register the databases is not enforceable currently.
As a last step in the process aiming at implementing the National Databases Register and making enforceable the obligation to register databases, the Direction implemented a census of Databases4, mandatory for all owners of private databases, to be carried out between March 1, 2004 and April 30, 2004. However, based on the interest aroused by the census, the Direction has recently extended such term to June 30, 20045.
The obligation to participate in the census is complied with by submitting, through a link included on the web page of the Direction, certain information on the databases (i.e. location of the database, information on the owner of the database, number of people registered in the database).
According to the Resolutions issued by the Direction, the information resulting from the census will allow the Direction to know the structure of the group of individuals governed by the Data Protection Law and to fine-tune the details in furtherance of the implementation of the National Databases Register.
According to the terms originally proposed by the Direction, the National Databases Register should be implemented by the end of May 2004. Nevertheless, due to the extension of the term of the census, it is not clear whether such deadline will also be extended or not.
The Personal Data Protection Law sets forth the imposition of penalties on those that do not comply with the registration obligation. Therefore, it is important for the owners of databases to know, with certainty, when will the registration obligation become enforceable, issue that should be clarified by the Direction as soon as possible.
1 Law No. 25,326
2 The databases that are under the scope of the Data Protection Law are the databases used beyond personal purposes and those that assign or transfer data of people or entities.
3 Resolution No. 2/2003.
4 Resolution No. 1/2004.
5 Resolution No. 3/2004.
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