Habeas Data Regimen Legal - Updated Text Of The Norm

Original Language Title: HABEAS DATA REGIMEN LEGAL - Texto actualizado de la norma

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PROTECTION OF PERSONAL DATA Law 25,326 General Provisions. General principles relating to data protection. Rights of data holders. Users and responsible for files, records and data banks. Control. Sanctions. Action to protect personal data.

Sanctioned: October 4, 2000.

Partially promulgated: October 30, 2000.

See Background

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:

Personal Data Protection Act

Chapter I

General provisions

ARTICLE 1 ). (Object.)

The purpose of this Act is to provide comprehensive protection of personal data contained in archives, records, data banks, or other technical means of data processing, whether public, or private, for reporting, in order to guarantee the right to honour and privacy of persons, as well as access to the information recorded therein, in accordance with article 43, paragraph 3 of the National Constitution.

The provisions of this Act shall also apply, as appropriate, to data relating to persons of ideal existence.

In no case will the database or the sources of journalistic information be affected.

ARTICLE 2 ). (Definitions).

For the purposes of this Act, it is understood that:

Personal Data: Information of any kind referred to individuals or ideal existence determined or determinable.

Sensitive data: Personal data that reveal racial and ethnic origin, political opinions, religious, philosophical or moral convictions, union membership and information concerning health or sexual life.

Data file, record, database or bank: Indistinctly, they designate the organized set of personal data that are processed or processed, electronic or not, whatever the modality of their formation, storage, organization or access.

Data processing: Systematic operations and procedures, electronic or not, that allow the collection, conservation, management, storage, modification, relationship, evaluation, blockage, destruction, and in general the processing of personal data, as well as its assignment to third parties through communications, consultations, interconnections or transfers.

File manager, registry, database or database: Personal or ideal public or private existence, which holds a file, record, database or database.

Computerized data: Personal data subject to electronic or automated processing or processing.

Data Owner: Any natural person or person of ideal existence with legal domicile or delegations or branches in the country, whose data are the subject of the treatment referred to in this law.

Data User: Any person, public or private that performs to his or her arbitrio the processing of data, either in his or her own files, records or data banks or through connection with them.

Data Dissociation: All processing of personal data so that the information obtained cannot be associated with a particular or determinable person.

Chapter II

General principles relating to data protection

ARTICLE 3 ). (Data Files . . . . .

The formation of data files will be lawful when properly registered, observing in its operation the principles laid down in this law and the regulations that are determined accordingly.

Data files cannot have purposes contrary to laws or public morals.

ARTICLE 4 ). (Quality of data).

1. The personal data collected for the purposes of their treatment must be certain, appropriate, relevant and not excessive in relation to the scope and purpose for which they have been obtained.

2. Data collection cannot be done by unfair, fraudulent means or contrary to the provisions of this law.

3. The data subject to treatment cannot be used for different purposes or incompatible with those that motivated their obtaining.

4. The data should be accurate and updated if necessary.

5. The total or partly inaccurate data, or incomplete, must be deleted and replaced, or if completed, by the person responsible for the file or database when the inaccuracy or incomplete nature of the information in question is known, without prejudice to the rights of the holder set out in article 16 of this Act.

6. The data must be stored in a manner that allows the exercise of the right of access of the holder.

7. Data must be destroyed when they have ceased to be necessary or relevant to the purposes for which they would have been collected.

ARTICLE 5° ). (Consentment).

1. The processing of personal data is unlawful when the holder has not given his free, express and informed consent, which shall be recorded in writing, or by other means that permits him to be mistaken, in accordance with the circumstances.

The consent given with other declarations shall be expressly and prominently provided, upon notification of the data requested, of the information described in article 6 of this Act.

2. Consent shall not be necessary when:

(a) Data are obtained from unrestricted sources of public access;

(b) They are required for the exercise of functions proper to the powers of the State or under a legal obligation;

(c) These are listings whose data are limited to name, national identity document, tax or forecast identification, occupation, date of birth and domicile;

(d) Deriving from a contractual, scientific or professional relationship of the data holder, and necessary for its development or compliance;

(e) These are the operations carried out by the financial entities and the information received from their clients in accordance with the provisions of article 39 of Law 21.526.

ARTICLE 6 ). (Information).

When personal data is collected, the holders must be informed in an express and clear manner:

(a) The purpose for which they will be treated and who may be their recipients or class of recipients;

(b) The existence of the archive, registration, data bank, electronic or any other type of data, and the identity and address of its responsible;

(c) The mandatory or optional nature of the replies to the questionnaire proposed to it, especially with regard to the data referred to in the following article;

(d) The consequences of providing the data, the refusal to do so or the inaccuracy of the data;

(e) The possibility of the data subject to exercise the rights of access, rectification and deletion.

ARTICLE 7 ). (Data collection).

1. No person can be forced to provide sensitive data.

2. Sensitive data can only be collected and treated when they measure general interest reasons authorized by law. They may also be treated for statistical or scientific purposes when their holders cannot be identified.

3. The formation of files, banks or records that store information that directly or indirectly reveals sensitive data is prohibited. Without prejudice to this, the Catholic Church, religious associations and political and trade union organizations may register their members.

4. Data relating to criminal or contraventional backgrounds can only be processed by the competent public authorities within the framework of the respective laws and regulations.

ARTICLE 8 ). (Health data).

Public or private health facilities and health-related professionals may collect and treat personal data relating to the physical or mental health of patients who come to or who are or have been treated by them, respecting the principles of professional secrecy.

ARTICLE 9 ). (Data security).

1. The person responsible or user of the data file must take the technical and organizational measures necessary to ensure the safety and confidentiality of personal data, in order to avoid their adulteration, loss, consultation or unauthorized treatment, and to detect deviations, intentional or otherwise, of information, whether the risks come from the human action or the technical medium used.

2. It is prohibited to register personal data in files, records or banks that do not meet technical conditions of integrity and security.

ARTICLE 10. ). (Deber of confidentiality).

1. The person responsible and the persons involved in any phase of the processing of personal data are obliged to the professional secrecy regarding them. Such an obligation shall remain even after the end of its relationship with the data file holder.

2. The obligation may be relieved of the duty of secrecy by judicial resolution and when they measure substantial grounds for public safety, national defence or public health.

ARTICLE 11. ). (Cesion).

1. The personal data subject to processing can only be transferred for the purposes directly related to the legitimate interest of the assignor and the assignee and with the prior consent of the data holder, to which the assignee must be informed about the purpose of the assignment and identify the assignee or the elements that permit it to do so.

2. The consent for the assignment is revocable.

3. Consent is not required when:

(a) This is provided by a law;

(b) In the cases provided for in article 5 (2);

(c) It is carried out between units of the State bodies directly, to the extent of their respective competences;

(d) This is personal data relating to health, and is necessary for public health, emergency or epidemiological studies, while preserving the identity of data holders through appropriate dissociation mechanisms;

(e) An information dissociation procedure had been applied, so that data holders were unidentifiable.

4. The assignee shall be subject to the same legal and regulatory obligations of the assignor and the assignor shall respond jointly and jointly by the observance of the assignee to the control agency and the holder of the data concerned.

ARTICLE 12. ). (International transfer).

1. The transfer of personal data of any kind with countries or international or supranational agencies, which do not provide adequate levels of protection, is prohibited.

2. The prohibition shall not govern the following assumptions:

(a) International judicial collaboration;

(b) Exchange of medical data, where required by the treatment of the affected person, or an epidemiological investigation, as long as it is carried out in the terms of subparagraph (e) of the previous article;

(c) Bank or stock exchanges, in respect of the respective transactions and in accordance with the applicable legislation;

(d) When the transfer had been agreed within the framework of international treaties to which the Argentine Republic was a party;

(e) When the transfer is aimed at international cooperation among intelligence agencies in the fight against organized crime, terrorism and drug trafficking.

Chapter III

Rights of data holders

ARTICLE 13. ). (Information Rights).

Each person may request information from the control agency regarding the existence of personal data files, records, bases or banks, their purposes and the identity of their perpetrators.

The registration to the effect will be of public and free consultation.

ARTICLE 14. ). (Right of access).

1. The data holder, upon accreditation of his or her identity, has the right to request and obtain information from his or her personal data included in public, or private data banks intended to provide reports.

2. The responsible or user must provide the requested information within ten days of having been fed up.

Once the deadline is not met, or if the report is evacuated, it is deemed insufficient, the action for the protection of personal data or of habeas data is issued under this law.

3. The right of access referred to in this article can only be exercised free of charge at intervals not less than six months, unless a legitimate interest is credited.

4. The exercise of the right to which this article refers in the case of data of deceased persons shall correspond to its universal successors.

ARTICLE 15. ). (Content of information).

1. Information should be provided in a clear manner, free of coding and, if any, accompanied by an explanation, in language accessible to the average knowledge of the population, of the terms used.

2. The information must be comprehensive and see about the entire registration belonging to the owner, even if the requirement only includes an aspect of the personal data. In no case may the report disclose data belonging to third parties, even if they are linked to the data subject.

3. The information may be provided in writing, by electronic, telephone, image or other means suitable for this purpose.

ARTICLE 16. ). (Right of rectification, updating or deletion).

1. Any person has the right to have personal data from whom he or she is entitled to be rectified, updated and, where appropriate, deleted or confidential, which are included in a data bank.

2. The person responsible or user of the data bank must proceed with the rectification, deletion or updating of the personal data of the affected person, performing the necessary operations to that end within the maximum of five working days of receiving the claim of the data holder or warning the error or falseness.

3. Failure to comply with this obligation within the term agreed upon in the preceding paragraph shall enable the data subject to further promote the protection of personal or habeas data provided for in this Act.

4. In the case of assignment, or transfer of data, the data bank's responsible or user must notify the rectification or deletion of the assignee within the fifth working day of the data processing.

5. The deletion does not occur when it may prejudice the legitimate rights or interests of third parties, or where there is a legal obligation to retain the data.

6. During the process of verifying and rectifying the error or falseness of the information concerned, the data bank's responsible or user must either block the file, or consign by providing information concerning the same the circumstances under review.

7. Personal data must be kept within the time frames provided for in the applicable provisions or, where appropriate, in the contractual arrangements between the data bank manager or user and the data holder.

ARTICLE 17. ). (Exceptions).

1. Officials or users of public data banks may, through a well-founded decision, refuse access, rectification or removal based on the protection of the defence of the Nation, public order and security, or the protection of the rights and interests of third parties.

2. Information on personal data may also be denied by those responsible or users of public data banks, in such a way that ongoing judicial or administrative proceedings may be impeded in connection with the investigation into compliance with tax or forecast obligations, the development of health and environmental control functions, the investigation of criminal offences and the verification of administrative offences. Such a resolution must be founded and notified to the affected.

3. Without prejudice to the provisions of the preceding subparagraphs, access to the records in question should be provided at the time when the person concerned has to exercise his or her right of defence.

ARTICLE 18. ). (Legislatives).

The National Defence Commissions and the Bicameral Commission for the Control of the Organs and Activities of Internal Security and Intelligence of the Congress of the Nation and the Internal Security Commission of the Chamber of Deputies of the Nation, or those that replace them, shall have access to the data archives or banks referred to in article 23, paragraph 2, for substantial reasons and in those aspects that constitute the competence of such Commissions.

ARTICLE 19. ). (Gratality).

The rectification, updating or deletion of inaccurate or incomplete personal data in public or private records shall be carried out without charge for the person concerned.

ARTICLE 20. ). (Imputation of personal valuations).

1. Judicial decisions or administrative acts involving appreciation or assessment of human conduct may not have as the sole basis the result of the computerized treatment of personal data that provides a definition of the profile or personality of the data subject.

2. Acts that are contrary to the preceding provision shall be insanity null and void.

Chapter IV

Users and responsible for files, records and data banks

ARTICLE 21. ). (Registration of data files. Registration).

1. Any file, registry, database or public data bank, and privately intended to provide reports, must be registered in the Register that enables the control agency.

2. Recording data files should at least include the following information:

(a) Name and address of the person responsible;

(b) Characteristics and purposes of the archive;

(c) Nature of personal data contained in each file;

(d) Data collection and updating form;

(e) Destiny of data and individuals or of ideal existence to which they can be transmitted;

(f) Method of interlinking recorded information;

(g) Means used to ensure data security, by detailing the category of people with access to the processing of information;

(h) Data retention time;

(i) The way and conditions in which people can access the data referred to them and the procedures to be performed for the rectification or updating of the data.

(3) No data user may possess personal data of a nature other than those declared in the registry.

Failure to comply with these requirements will result in the administrative sanctions provided for in chapter VI of this Act.

ARTICLE 22. ). (Files, records or public data banks).

1. The rules on the creation, modification or deletion of files, records or banks of data belonging to public agencies must be made by means of general provision published in the Official Gazette of the Nation or official journal.

2. The respective provisions should indicate:

(a) Characteristics and purposes of the archive;

(b) Persons for whom data are sought and the optional or compulsory nature of their supply by such data;

(c) Data collection and updating procedure;

(d) Basic structure of the file, computerized or not, and description of the nature of the personal data they contain;

(e) The intended assignments, transfers or interconnections;

(f) Organs responsible for the archive, requiring hierarchical dependence on the case;

(g) Offices where claims may be made in the exercise of rights of access, rectification or deletion.

3. Provisions for deletion of computerized records will provide for the destinies of such records or the measures taken for their destruction.

ARTICLE 23. ). (Special taxes).

1. The personal data that has been stored for administrative purposes should be subject to permanent registration in the data banks of the armed forces, security forces, police or intelligence agencies; and those on personal background that provide such data banks to the administrative or judicial authorities that require them under legal provisions.

2. The processing of personal data for the purpose of national defence or public security by the armed forces, security forces, police or intelligence agencies, without the consent of those concerned, is limited to those assumptions and category of data that are necessary for the strict implementation of missions legally assigned to those for national defence, public security or for the suppression of crimes. The files, in such cases, should be specific and established for that purpose, having to be categorized according to their degree of reliability.

3. The personal data recorded for police purposes will be cancelled when it is not necessary for the inquiries that motivated your storage.

ARTICLE 24. ). (Files, records or private data banks).

Individuals who form files, records or data banks that are not for personal use shall register as provided for in Article 21.

ARTICLE 25. ). (Pressing computerized personal data services).

1. Where third-party data processing services are provided, they may not be applied or used for a purpose other than that contained in the service contract, or assign them to other persons, or even for their preservation.

2. Once the contractual provision has been completed, the personal data processed must be destroyed, unless there is an express authorization from the individual on behalf of the person providing such services when the possibility of subsequent assignments is reasonably presumed, in which case it may be stored with due security conditions for up to two years.

ARTICLE 26. ). (Pressing credit information services).

1. In the provision of credit information services, only personal property data relating to financial solvency and credit, obtained from sources accessible to the public or from information provided by the person concerned or with his or her consent, can be treated.

2. Personal data relating to the performance or non-compliance of obligations of property content, whether provided by the creditor or by the person acting on his or her own or interest, may also be treated.

3. At the request of the data holder, the data bank's responsible or user, will inform you of the information, evaluations and appreciations that have been communicated over the last six months and the name and address of the assignee in the event of being data obtained by assignment.

4. Only significant personal data can be archived, recorded or ceded to assess the financial and economic solvency of those affected over the past five years. Such a period shall be reduced to two years when the debtor cancels or otherwise extincts the obligation, which must be noted.

5. The provision of credit information services shall not require the prior consent of the data holder for the purposes of their assignment, or the subsequent communication thereof, when they are related to the rotation of the commercial or credit activities of the assignees.

ARTICLE 27. ). (Files, records or data banks for advertising purposes).

1. In the collection of domiciles, distribution of documents, advertising or direct sale and other similar activities, data that are suitable for the establishment of specific profiles for promotional, commercial or advertising purposes may be processed; or allow the establishment of consumption habits, when they appear in documents accessible to the public or have been facilitated by the owners themselves or obtained with their consent.

2. In cases covered by this article, the data holder may exercise the right of access without charge.

3. The holder may at any time request the withdrawal or blocking of his name from the data banks referred to in this article.

ARTICLE 28. ). (Files, records or data banks related to surveys).

1. The rules of this Act shall not apply to surveys of opinion, measurements and statistics collected under Act No. 17.622, work on prospecting markets, scientific or medical research and similar activities, to the extent that the data collected cannot be attributed to a particular or determinable person.

2. If it is not possible to maintain anonymity in the data collection process, a dissociation technique should be used so that it does not allow to identify any person.

Chapter V

Control

ARTICLE 29. ). (Control Organisation).

1. The monitoring body shall carry out all actions necessary for the fulfilment of the objectives and other provisions of this law. To this end, it shall have the following functions and powers:

(a) Assist and advise those who require it on the scope of the present and the legal means available for the defence of their rights;

(b) Dictate the rules and regulations to be observed in the development of the activities covered by this Act;

(c) Perform a census of files, records or data banks reached by law and maintain the permanent registration thereof;

(d) Control compliance with data integrity and security standards by data files, records or banks. To this end, you may request judicial authorization to access premises, equipment, or data-processing programmes to verify violations of this law;

(e) Request information from public and private entities, which shall provide backgrounds, documents, programmes or other elements concerning the processing of personal data required. In such cases, the authority shall ensure the safety and confidentiality of the information and the elements provided;

(f) Impose the administrative sanctions, as appropriate, for violation of the rules of this law and the regulations that are determined accordingly;

(g) Complaints in criminal proceedings for violations of this law;

(h) Control compliance with the requirements and guarantees that private data files or banks are required to provide reports, to obtain the corresponding registration in the Register created by this law.

2. (Point vetoed by art. 1 Decree No. 995/2000 B.O. 2/11/2000)

3. (Point vetoed by art. 1 Decree No. 995/2000 B.O. 2/11/2000)

The Director shall have full dedication in his or her role, being attained by the incompatibility set by law for public officials and may be removed by the Executive for failing to perform his or her duties.

ARTICLE 30. ). (Code of Conduct).

1. Associations or entities representing those responsible or users of privately owned data banks may develop codes of conduct of professional practice, which establish rules for the processing of personal data that tend to ensure and improve the conditions of operation of information systems according to the principles set out in this Act.

2. Such codes should be registered in the registry that the control agency may deny registration when it considers that they do not comply with the legal and regulatory provisions on the matter.

Chapter VI

Sanctions

ARTICLE 31. ). (Administrative sanctions).

1. Without prejudice to the administrative responsibilities that correspond to the cases of those responsible or users of public data banks; the liability for damages arising from the non-observance of this law, and the corresponding penal sanctions, the control agency may apply the penalties for the receipt, suspension, fine of a thousand pesos ($ 1,000.-) to a hundred thousand pesos ($ 100,000.-), closure or cancellation of the file, registration or bank of data.

2. The regulation shall determine the conditions and procedures for the application of the penalties provided for, which shall be graduated in relation to the severity and extent of the violation and the damages arising from the offence, ensuring the principle of due process.

ARTICLE 32. ). (Criminal sanctions).

1. Incorporate as article 117 bis of the Criminal Code, the following:

"1°. It will be repressed with the prison sentence of one month to two years by inserting or knowingly inserting false data into a personal data file.

2°. The penalty shall be from six months to three years, to which a third party knowingly provided false information contained in a personal data file.

3°. The criminal scale shall be increased by half of the minimum and maximum, when the offence is detrimental to any person.

4°. When the perpetrator or person responsible for the offence is a public official in the exercise of his or her duties, the accessory of disqualification shall be applied to the performance of public office for twice as long as the time of conviction."

2. Incorporate as article 157 bis of the Criminal Code the following:

"It will be repressed with the prison sentence of one month to two years which:

1st. Knownly and illegitimately, or violating systems of confidentiality and data security, access, in any way, a personal data bank;

2°. Refer to other information recorded in a personal data bank whose secret is bound to preserve by provision of a law.

When the author is a public official, he will also suffer a special disqualification penalty of one to four years."

Chapter VII

Action to protect personal data

ARTICLE 33. ). (Procedence).

1. The action for the protection of personal or habeas data will proceed:

(a) To learn of personal data stored in public or private data files, records or banks intended to provide reports, and the purpose of such data;

(b) in cases where falsehood, inaccuracy, outdating of the information in question, or processing of data which is prohibited by this law, is presumed to require its rectification, deletion, confidentiality or updating.

ARTICLE 34. ). (Activative Law).

The action for the protection of personal or habeas data may be exercised by the affected person, his or her guardians or curators and the successors of the natural persons, either directly or collaterally up to the second degree, by itself or by means of the possessor.

When the action is exercised by persons of ideal existence, it must be filed by their legal representatives, or taken by them to designate it.

In the process, the Ombudsman may co-injuvantly intervene.

ARTICLE 35. ). ( passive legitimacy).

The action will be taken with respect to those responsible and users of public data banks, and the private ones for reporting.

ARTICLE 36. ). (Competence).

The judge of the appellant ' s domicile shall be competent in this action; the domicile of the defendant; the place where the act or act is outside or may have effect, at the choice of the actor.

Federal competition will take place:

(a) when it is filed against public data files of national agencies; and

(b) when data files are interconnected in interjurisdiction networks, national or international.

ARTICLE 37. ). (Applicable procedure).

The action of habeas data shall be carried out in accordance with the provisions of this law and by the procedure that corresponds to the action of common amparo and supplemental by the rules of the Code of Civil and Commercial Procedure of the Nation, in the case of the most extraordinary trial.

ARTICLE 38. ). (Requirements of demand).

1. The demand must be filed in writing, identifying with the greatest possible accuracy the name and address of the file, record or data bank and, if any, the name of the responsible or user of the file.

In the case of public archives, records or banks, efforts will be made to establish the state agency on which they depend.

2. The actuator must allege the reasons why he understands that in the file, record or bank of individualized data he/she works information concerning his/her person; the reasons why he/she considers that the information concerning him/her is discriminatory, false or inaccurate and justifying that the precautions that make to the exercise of the rights recognized by this law have been fulfilled.

3. The affected person may request that, as long as the procedure, the data register or bank lasts, the information in question is subject to a judicial process.

4. The judge may arrange for the provisional blocking of the archive in respect of the personal reason for the trial when the discriminatory, false or inaccurate nature of the information concerned is manifested.

5. For the purpose of requiring information to file, record or bank of data involved, the judicial criterion of estimation of the circumstances required in points 1 and 2 should be broad.

ARTICLE 39. ). (Tramite).

1. Admitted to the action the judge will require the file, record or data bank the remission of the information concerning the actuator. You will also be able to request reports on the technical support of data, base documentation relating to collection and any other aspect leading to the resolution of the case you deem appropriate.

2. The deadline for replying to the report may not be more than five working days, which may be extended by the judge.

ARTICLE 40. ). (Confidentiality of information).

1. Private data records, archives or banks may not claim the confidentiality of the information required to them except where the sources of journalistic information are affected.

2. When a public data file, record or bank opposes the remission of the requested report invocation of the exceptions to the right of access, rectification or deletion, authorized by this law or by a specific law; it shall credit the ends that make the legal exception applicable. In such cases, the judge may take personal and direct knowledge of the requested data by ensuring the maintenance of its confidentiality.

ARTICLE 41. ). (Contestation of the report).

In answering the report, the file, record or data bank must state the reasons why it included the information questioned and those for which it did not evacuate the request made by the data subject, in accordance with articles 13 to 15 of the law.

ARTICLE 42. ). (Enlargement of demand).

In response to the report, the actor may, within three days, extend the object of the claim by requesting the deletion, rectification, confidentiality or updating of his or her personal data, in cases which are appropriate under this law, by offering in the same act the relevant evidence. This presentation will be transferred to the respondent for the term of three days.

ARTICLE 43. ). (Sentence).

1. The time limit for the response of the report or the answer, and in the case of article 42, after the extension has been answered, and having been produced in the case of the trial, the judge shall pronounce judgment.

2. If the action is deemed to be appropriate, it shall be specified whether the information should be deleted, rectified, updated or declared confidential, setting a time limit for compliance.

3. The rejection of the action does not constitute a presumption of the liability to which the claimant could have incurred.

4. In any case, the sentence must be communicated to the control agency, which must carry a record to that effect.

ARTICLE 44. ). (Application scope).

The rules of this law contained in Chapters I, II, III and IV, and Article 32 are of public order and application in the relevant part of the national territory.

The provinces are invited to adhere to the rules of this law that are exclusively applicable in national jurisdiction.

Federal jurisdiction shall rule over interconnected data registers, archives, bases or banks in inter-jurisdictional, national or international networks.

ARTICLE 45. The National Executive shall regulate this law and establish the control agency within one hundred and eighty days of its promulgation. ARTICLE 46. ). (Transient Provisions).

Data files, records, databases or banks intended to provide reports, which exist at the time of the sanction of this Act, shall be registered in the registry that is qualified in accordance with article 21 and be in conformity with the provisions of the present regime within the time limit established by the regulation.

(Note Infoleg: by art. 2nd Decree No. 1558/2001 B.O. 3/12/2001 is set at CIENTO OCHENTA (180) days the deadline provided for in this article) ARTICLE 47. Data banks intended to provide credit information services shall eliminate and omit the future seat of any data relating to obligations and qualifications associated with the natural and legal persons whose business obligations have been constituted in arrears, or whose financial obligations have been classified under category 2, 3, 4 or 5, according to regulations of the Central Bank of the Argentine Republic, in both cases during the period from 1 January 2000 to 10 December 2003, if the current or regular debt has been cancelled. The subscription of a payment plan on the part of the debtor, or the approval of the preventive agreement or the extrajudicial preventive agreement, will import the regularization of the debt, for the purposes of this law.

The Central Bank of the Argentine Republic will establish the mechanisms to be implemented by the Financial Institutions in order to inform the agency of the data necessary for the determination of cases. Once such information has been obtained, the Central Bank of the Argentine Republic will implement the necessary measures to ensure that all those who consult the data of its Central de Deudores are informed of the origin and implications of the provisions here.

Any person who considers that his or her cancelled or regularized obligations are included as prescribed in this article may use the rights of access, rectification and updating in relation to the provisions.

Without prejudice to the above paragraphs, the creditor must communicate to any archive, record or data bank to which it has yielded data concerning non-compliance with the original obligation, its cancellation or regularization.

(Article 1 of the Act No. 26,343 B.O. 9/1/2008) ARTICLE 48. Contact the Executive.

IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE FOUR DAYS OF THE OCTOBER YEAR DOS MIL.

_

PASCUAL RAFAEL. . JOSE GENOUD. . Guillermo Aramburu. . Mario L. Pontaquarto.

Background - Article 47 vetoed by art. 2nd Decree No. 995/2000 B.O. 2/11/2000.