Existe competencia federal respecto de las bases de datos disponibles a través de Internet
Date | 17 August 2016 |
Published date | 17 August 2016 |
Author | Diego Fernández |
Law Firm | Marval O'Farrell Mairal |
Los hechos del caso son los siguientes. La actora promovió una acción de amparo por habeas data contra los demandados Garbarino S. A. y Equifaz Veraz, a fin de que se dispusiera la supresión y actualización de los datos personales referidos a su situación crediticia (“González, Julieta Flavia c/ Garbarino S. A. s/ amparo”, Expte. No. 32.823/2015).
La demanda fue interpuesta ante el Juzgado Nacional de Primera Instancia en lo Comercial No. 23, que se declaró incompetente para entender en la causa y atribuyó competencia a la Justicia Civil de la Capital Federal.
Al resolver el conflicto, la Cámara Comercial confirmó el pronunciamiento de la primera instancia en lo relativo a la incompetencia, pero declaró competente a la Justicia Civil y Comercial Federal.
Como fundamento, la Cámara Comercial citó decisiones anteriores de la misma Cámara que, siguiendo los precedentes de la Corte Suprema de Justicia de la Nación, señalan la competencia de la Justicia Federal en aquellos casos en los que, de acuerdo con lo dispuesto por el artículo 36 de la Ley 25.326 de Protección de Datos Personales, se dispone que “...
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