Protección de datos personales - Derecho de bloqueo
Published date | 23 July 2009 |
Date | 23 July 2009 |
Author | Gustavo P. Giay |
Law Firm | Marval O'Farrell Mairal |
El 4 de marzo de 2009 la Dirección Nacional de Protección de Datos Personales (“DNPDP”) dictó la Disposición Nº 4/2009 (“Disposición”) que regula la obligatoriedad de informar la posibilidad de ejercer el derecho al bloqueo en toda comunicación destinada a fines publicitarios, contemplado en el articulo 27 de la Ley de Protección de Datos Personales Nº 25.326 (“LPDP”) y el artículo 27 del Anexo 1 del Decreto Reglamentario Nº 1.158/2001 (“DR”).
En tal sentido, el artículo 27 de la LPDP que se refiere al tratamiento de datos personales correspondientes a archivos y bancos de datos con fines de publicidad, dispone en su inciso 3° que el titular del dato personal podrá en cualquier momento solicitar el retiro o bloqueo de su nombre de los bancos de datos a los que se refiere el artículo.
Por su parte, el artículo 27 del Anexo 1 del DR dispone que en toda comunicación con fines de publicidad que se realice por correo, teléfono, correo electrónico, internet u otro medio a distancia a conocer, se deberá indicar, en forma expresa y destacada, la posibilidad del titular del dato de solicitar el retiro o bloqueo, total o parcial, de su nombre de la base de datos. A pedido del interesado, se deberá informar el nombre del...
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