Evaluation and recommendations for strengthening the protection of personal data in the City (ARBA0007)

Commitment ID

ARBA0007

Commitment Title

Evaluation and recommendations for strengthening the protection of personal data in the City

Problem

The purpose of Law 1,845 on Personal Data Protection (PDP) is to regulate, within the limits of the Autonomous City of Buenos Aires, the treatment of personal data referring to human and legal persons, recorded or intended to be recorded in files, records, databases or data banks of the public domain of the City of Buenos Aires. This Law was enacted in 2005 based on National Law 25.326, which regulates the protection of personal data throughout Argentina.

Although this law was a milestone for the City in this matter and was advanced for its time, with the new technologies and the digitalization of information, it is necessary to make a diagnosis to analyze the standards that nowadays the world and other jurisdictions of the country have in order to guarantee the protection of personal data in the digital era.

Status quo

Law 1,845 on Personal Data Protection (PDP) and its regulatory and procedural rules make up a comprehensive regulatory body, which aims to regulate, within the scope of the Autonomous City of Buenos Aires, the processing of personal data relating to human and legal persons, recorded or intended to be recorded in files, records, databases or databanks of the public sector.

Taking into account the technological advances and the new challenges imposed by the digital era, in the last few years, in the City, different projects to modify and update the Law have been submitted to the Legislature of the City. This is an opportunity to deepen the analysis and debate on the current state of the implementation of the PDP Law. In particular, in the framework of compliance with Law 104 on Access to Public Information, it is essential to work on the regulation and implementation of the regulatory framework for the protection of personal data, to ensure effective compliance with both rights.

Action

The proposal is to generate a space for collaboration and co-creation for discussion with various stakeholders interested in the protection of personal data, involving representatives of various public agencies, specialists, civil society organizations, the private sector and academia. This process will allow the elaboration of a diagnosis on the status of the regulations and their implementation in the City, identify the main challenges and existing difficulties in terms of their application in instances of conciliation with the exercise of other rights, and establish which are the proposals for improvement and strengthening. It will include an analysis of the projects for the modification of the law already presented, an analysis of comparative regulations and the preparation of a document with recommendations and contributions on the subject.

How will the commitment contribute to solving the public problem described above?

The commitment will address the problem through a participatory process that will bring together public agents from the three branches of government of the City, civil society organizations, specialists, the private sector and representatives of academia to diagnose the main gaps in the current regulations and co-create concrete recommendations.

What long-term goal as identified in your Open Government Strategy does this commitment relate to?

This commitment relates to the long-term Open Government goal of using open government as a tool to address global challenges. By incorporating a participatory process to assess and propose improvements to the current data protection regulatory framework, the initiative helps respond to one of today’s major global issues: safeguarding fundamental rights in an increasingly digital world.

Primary Policy Area

Digital Governance, Right to Information

Primary Sector

Other/NA

What OGP value is this commitment relevant to?