Privacy Law Survey 2021 - Argentina

• Published date: 16 December 2021
• Subject Matter: Privacy, Data Protection, Privacy Protection
• Law Firm: Ally Law
• Author: Juan Pablo M. Cardinal (Richards, Cardinal, Tützer, Zabala, Zaefferer) and Jorge E. Tützer (Richards, Cardinal, Tützer, Zabala, Zaefferer)

Consent

May consent be used as a legal basis for processing worker information? (Y/N - if N, please explain)
Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N - if Y, when is consent required)
Yes. Pursuant to section 71 of the Labor Contract Law No. 20,744 ("LCL"), employees' surveillance requires employee's prior notice. Case law has determined that prior consent is required to monitor employees' emails.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N - if Y, list the exceptions)
Yes. As a general principle, employers may treat employees' data without employees' consent based on the "contractual relationship" exception set forth in Section 5.2.d of Argentine Personal Data Protection Act 25,326 ("PDPA").

Privacy Notice

Is the company required to provide a privacy notice to workers? (Y/N)
Yes.

Does the worker privacy notice need to address security measures?
Not necessarily. Security measures are mandatory but there is no legal obligation to include them in the privacy notice to workers

Are there any other unique disclosure requirements with respect to the privacy notice (e.g. list data retention periods, state legitimate bases, etc.)?
Yes. Employees (as any other data subject) shall be informed about data controller (employer) name and address; the purpose/s for which their data will be used; and their rights regarding such data (i.e., access, rectification and deletion). Employees shall also be informed about employer's video surveillance policy; and how employees communications shall be monitored by employer. Additional information is usually included in HHRR privacy notices but is not mandatory.

Data Subject Rights

Are there data subject rights for workers? (Y/N - if Y, please list)
Yes. Workers have the same rights as any data subject (i.e., right of access, right to rectification, right of erasure, etc.). In addition, employees have generic privacy rights derived from provisions of the Civil and Commercial Code.

What is the timeframe to respond to data subject requests from workers?
In case of a worker's access request, the timeframe is 10 calendar days. In case of a worker's deletion or rectification request, the timeframe is 5 calendar days (Sections 14 and 16 of PDPA).

Are there exceptions to responding to data subject requests from workers?
Yes. Requests may be denied when responding to them may affect third parties' rights and...