Applicability of Argentina's Personal Data Protection Act (Law No. 25.326)

Argentina's data protection framework is established through specific legislation that governs the processing of personal data. The primary role of data protection regulation in Argentina is fulfilled by the Personal Data Protection Act (Law No. 25.326) or Ley de Protección de los Datos Personales N° 25.326 in Spanish.

The Personal Data Protection Act (Law No. 25.326) was adopted on October 4, 2000 and became effective on October 30, 2000.

The most recent amendments to the act were introduced through Ley N° 26.343 B.O. 9/1/2008, which was adopted on December 12, 2007 and became effective on January 8, 2008.

The Personal Data Protection Act (PDPA) implements a framework for data protection with distinct federal and provincial jurisdictional boundaries. The law establishes specific exemptions for government agencies and archival processing while maintaining federal oversight over cross-jurisdictional data processing activities.

Material Applicability

The PDPA establishes two key material applicability factors: Government and Public Agency Exemption and Exemption for Archival Processing.

PDPA Article 44:

"The provisions of this law contained in Chapters I, II, III, and IV, and Article 32 are of public order and applicable, as appropriate, throughout the national territory.

Provinces are invited to adhere to the provisions of this law that are exclusively applicable within national jurisdiction.

Federal jurisdiction shall govern with respect to records, archives, databases, or interconnected data banks in interjurisdictional, national, or international networks."

Government and Public Agency Exemption
The PDPA establishes federal jurisdiction over data processing activities conducted by government authorities and public bodies. This is explicitly stated through the provision that "federal jurisdiction shall govern" for records and databases in interjurisdictional, national, or international networks.

Exemption for Archival Processing
The law specifically addresses the processing of archival data by establishing federal jurisdiction over "records, archives, databases" that operate across jurisdictional boundaries. This creates a specific framework for handling archival processing at the federal level.

Territorial Applicability

The PDPA's territorial scope is defined through a multi-layered approach:

1. The law establishes nationwide applicability for its core provisions (Chapters I-IV and Article 32).
2. Provincial jurisdictions are given the option to adopt provisions that fall under national jurisdiction.
3. Federal jurisdiction is explicitly established for:
   • Interjurisdictional data processing
   • National networks
   • International networks