New Resolution of the Access to Public Information Agency (AAIP) on data protection

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New Resolution of the Access to Public Information Agency (AAIP) on data protection

New Resolution of the Access to Public Information Agency (AAIP) on data protection

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May 31, 2024

On May 24 2024, Resolution 126/2024 of the Access to Public Information Agency (the "AAIP") was published in the Official Gazette. This decision aims to:

expedite and simplify the administrative procedures of the AAIP, the regulatory authority for data protection matters
reduce dispersion of data protection-related norms
ensure a quick and transparent response from the AAIP

For these purposes, the AAIP resolved to approve (among other things) a new classification of sanctions, a sanctions graduation regime, and a unified registry of offenders (comprising offenders to Data Protection Law No. 25,326 and Telephony Services Law No. 26,951), aiming to:

have systematized information about relevant backgrounds when determining sanctions
establish clear limits for the accumulation of infractions and aligning the upper limits of the sanctions with the severity of the offenses
extend the deadline for voluntary payment of fines and reduce fines for those who demonstrate willingness to comply

Telephony Services Law No. 26,951 created the "Do Not Call" registry, which is a registry of telephone numbers excluded from marketing campaigns.

Prior to this resolution, there were separate records of violations of Data Protection Law No. 25,326 and Telephony Services Law No. 26,951, which were now unified.

In general, internal processes of the AAIP regarding the management and monitoring of complaints received for non-compliance with Telephony Services Law No. 26,951, and the amounts and graduations of sanctions related to personal data protection were updated and modified.

This includes some novelties, such as a limit on the accumulation of infractions corresponding to identical punishable behaviours, which now cannot exceed the equivalent of 500 times the maximum of the corresponding scale. Or the reduction by 50% of the amounts of fines in case of early voluntary payment.

Additionally, this new resolution incorporates the possibility of making online complaints for non-compliance with the 'Do Not Call' registry.

The resolution will come into effect next Saturday, June 1, 2024.