VETO

Decree 1616/96

Note fully the Bill registered under No. 24,745.

Bs. As., 23/12/96

VISTO Bill No. 24,745 passed by the HONORABLE CONGRESS OF NATION dated 27 November 1996 and

CONSIDERING:

That the HONORABLE CONGRESO OF NATION has sanctioned the Bill quoted in the View, which establishes the regulation of the action provided for in article 43, third paragraph of the NATIONAL CONSTITUTION, called DATA HABEAS.

Article 5 of the bill establishes a Bicameral Commission for the Monitoring of Legislative Data Protection "in order to make it possible, in general, to safeguard and protect the rights protected by this law, without prejudice to the powers of the judiciary".

That by not specifying or delimiting the powers granted by that noram to the Bicameral Commission, they come from such an extent that violate the constitutional distribution of State responsibility, since in our legal system the only power with powers to resolve on the protection of the rights of individuals is the PODER JUDICIAL DE LA NATION.

Article 16 prohibits the international transfer or transfer of data between the ARGENTINA REPUBLIC and other States, or with international or supranational agencies, which do not ensure equal protection of personal data.

That this provision has omitted the provision of exceptions for the purposes of international cooperation and obligations assumed by the ARGENTINE STATE to other States and agencies.

That article 35 of the Bill has provided that those responsible for registers or privately owned data banks may formulate type codes for their organization and operation, with recourse to the DEFENSOR DEL PUEBLO.

That the above-mentioned provisions give demeditated powers to individuals other than the higher organs of the STATE, since the particular holders cannot create rules of general scope that affect third parties, by themselves, without subject to any subsequent control by those. It is also granted to the DEFENSOR OF THE PEOPLE, the exercise of jurisdictional functions in ostensible violation of Article 86 of the NATIONAL CONSTITUTION, a precept that only procedurally legitimizes it to act in defence and protection of the rights of citizens.

That by article 36 of the aforementioned Project, the procedure of the action of Hábeas Data is regulated.

That the mechanism envisaged is insufficient for adequate protection of the justiciable, especially if it is taken into account that it is not applicable against acts of public bodies.

That by not specifying what the competent justice will be to understand on the basis of the territory, the quality of the defendant, the impact of the interjurisdictional or international traffic, a vacuum is generally capable of creating conflicts or divergent interpretations to the detriment of those protected by this action.

Article 38 provides jurisdictional, punitive powers to the DEFENSOR OF THE PEOPLE, to the institute as an enforcement body of the various sanctions provided for in it, being further exceeded the functions assigned to it by Article 86 of the MAGNA CARTA.

That the observations mentioned in the preceding paragraphs alter the unity of the Draft Law sanctioned by the HONORABLE CONGRESS OF NATION.

That in the merits of the above reasons it is appropriate to observe in its entirety the Draft Law sanctioned under No. 24,745.

That the present measure is determined in the use of the powers conferred by Article 83 of the NATIONAL CONSTITUTION.

Therefore,

THE PRESIDENT OF THE ARGENTINA NATION

RIGHT:

Article 1 - Note fully the Bill registered under No. 24,745.

Art. 2° - Return to the HONORABLE CONGRESS of NATION the Bill of Law cited in the previous article.

Art. 3° - Contact, post, give to the National Directorate of the Official Register and archvese.- MENEM. - Jorge A. Rodriguez. - Elijah Jassan.