The IRS of the Province of Buenos Aires is cracking down on evaders by using data base matching techniques. This may be illegal under the Data Protection Act.-
See more info at http://www.lanacion.com.ar/economia/nota.asp?nota_id=666079&origen=ranking
Saturday, December 25, 2004
Tuesday, November 30, 2004
Data protection in Argentina
The Data Protection agency of Argentina recently approved the code of conduct for marketing (see disposition 4/2004).
Under section 30 of the Data Protection Law, trade associations and other bodies representing different categories of controllers may draft national codes and submit them to the opinion of the national authority. In this case, AMDIA, the Direct & Interactive Marketing Association drafted a code of conduct intended to promote ethics in the use of personal data (see Code).-
Under section 30 of the Data Protection Law, trade associations and other bodies representing different categories of controllers may draft national codes and submit them to the opinion of the national authority. In this case, AMDIA, the Direct & Interactive Marketing Association drafted a code of conduct intended to promote ethics in the use of personal data (see Code).-
Monday, November 22, 2004
New data traffic regulations enacted
Government enacted new regulations concerning traffic data in telecommunications. Telecom companies (telcos & isps) must keep the information for a period of ten years. This are the regulations of Law 25.873 (see comment here).
See Decreto 1563/2004.-
See Decreto 1563/2004.-
Wednesday, November 10, 2004
EU Database rights
ECJ SCALES BACK SCOPE OF DATABASE RIGHTS
The European Court of Justice has released four decisions that address the scope of the EU database rights. The decisions focus on the need for a substantial investment in the database, concluding that the definition of 'substantial investment' which gives rise to protection for the maker of a database against unauthorized acts of copying and distribution to the public covers only the work involved in seeking, collecting, verifying and presenting existing materials and not the resources used to create the materials which make up the database.
Release at
http://curia.eu.int/en/actu/communiques/cp04/aff/cp040089en.pdf
The European Court of Justice has released four decisions that address the scope of the EU database rights. The decisions focus on the need for a substantial investment in the database, concluding that the definition of 'substantial investment' which gives rise to protection for the maker of a database against unauthorized acts of copying and distribution to the public covers only the work involved in seeking, collecting, verifying and presenting existing materials and not the resources used to create the materials which make up the database.
Release at
http://curia.eu.int/en/actu/communiques/cp04/aff/cp040089en.pdf
Saturday, November 06, 2004
Tuesday, November 02, 2004
IV Congreso Mundial de Derecho Informatico - Alfa - Redi
Hay excelentes ponencias de derecho informático...
IV Congreso Mundial de Derecho Informatico - Alfa - Redi
IV Congreso Mundial de Derecho Informatico - Alfa - Redi
Thursday, October 21, 2004
New data protection law in Uruguay
A new law was enacted in Uruguay to regulate commmercial personal information.
See Law no. 17.838 of September 24, 2004.
See Law no. 17.838 of September 24, 2004.
Saturday, October 09, 2004
Data Protection
The Data Protection Research and Policy Group at the British Institute of International and Comparative Law is an excellent resource for DP materials.
The Group consists of specialist members, regarded as leaders in their field who regularly work with data protection and privacy issues, including regulators, practitioners and academics.
The Group provides a forum in which data protection policy may be considered by lawyers, senior business managers, policy advisers, academics, regulators, public servants, and other specialist practitioners
The Group consists of specialist members, regarded as leaders in their field who regularly work with data protection and privacy issues, including regulators, practitioners and academics.
The Group provides a forum in which data protection policy may be considered by lawyers, senior business managers, policy advisers, academics, regulators, public servants, and other specialist practitioners
Thursday, October 07, 2004
Telemarketing
Diario Clarin runs a story today about telemarketing in Argentina. I propose creating an opt out registry like the FTC DO not call registry. Just a few days ago the U.S. Supreme Court let stand the Do-Not-Call Registry Decision.
See http://www.clarin.com/diario/2004/10/07/sociedad/s-03615.htm
See http://www.clarin.com/diario/2004/10/07/sociedad/s-03615.htm
Sunday, September 12, 2004
Data Protection
Ecuador and Venezuela are drafting data protection laws. Venezuela´s Bill is based on the Argentine Data Protection Law.
IP - Latin America
BRAZIL & ARGENTINA TO PROPOSE WIPO DEVELOPMENT AGENDA
Brazil and Argentina have released a new proposal for a WIPO
Development Agenda that the countries plan to formally
introduce at the WIPO General Assembly later this month. The
proposal focuses on effective transfer of technology to
developing countries and concerns in the patent law field.
Proposal at
http://www.iprsonline.org/resources/docs/BrazilArgentina_WIPO.pdf
Brazil and Argentina have released a new proposal for a WIPO
Development Agenda that the countries plan to formally
introduce at the WIPO General Assembly later this month. The
proposal focuses on effective transfer of technology to
developing countries and concerns in the patent law field.
Proposal at
http://www.iprsonline.org/resources/docs/BrazilArgentina_WIPO.pdf
Wednesday, August 18, 2004
Data Protection - Peru and Nicaragua
Peru and Nicaragua are drafting data protection laws.
Peru
http://www.minjus.gob.pe/minjus/PROYECTO%20DE%20LEY.pdf
Nicaragua
Link
Peru
http://www.minjus.gob.pe/minjus/PROYECTO%20DE%20LEY.pdf
Nicaragua
Link
Monday, June 07, 2004
Spam in Argentina - recent news
1) Anti Spam Conference.
The AntiSpam-Forum 2004 (you can see the web site only with Explorer, Mozzilla et al wont work) was a great success with the presence of all the players and representants from ISP associations from South Africa, Chile, Paraguay, Venezuela and Brazil.
AMDIA (the marketing assoc. of Argentina) and CABASE (the isp and telecom assoc. of Argentina) signed a letter of intention to erradicate spam with the collaboration of ISP. The hard part of this proposal is to make it work. The most interesting proposal came from CAUCE Argentina, which you can check in Spanish here).
At least, this proposal may help to take Argentina from place number 7 in the spam ranking of Spamhaus (Argentina used to be in position n. 5!).
2) First Spam case in Argentina.
To our surprise, the defendants in our spam test case answered the complaint. They argued that our emails are in the web, so they came from a public source. Finally the argue that they do not handle any database of emails. The said that they just compile those emails they consider more useful from the web and do the spam!. From their point of view, the internet is unregulated in Argentina so the privacy and nuisance provisions of the Civil Code we invoked in the complaint do not apply to this case. Needless is to say that with this legal answer they have forced the Court to decide whether this techniques are legal in Argentina, and of course, they are illegal in the rest of the world (see Sorkin and Bolin) and in this country too under the data protection law. When we tell someone to stop the unsolicited communications and they do not stop, your only legal remedy is to sue them. This is so plain simple that I do not think it requires any further discussion. We have requested the judge to invite some amicus curiae.
3) Article about spam.
See my article about the legal problems of spam here (PDF in spanish).
Pablo Palazzi
The AntiSpam-Forum 2004 (you can see the web site only with Explorer, Mozzilla et al wont work) was a great success with the presence of all the players and representants from ISP associations from South Africa, Chile, Paraguay, Venezuela and Brazil.
AMDIA (the marketing assoc. of Argentina) and CABASE (the isp and telecom assoc. of Argentina) signed a letter of intention to erradicate spam with the collaboration of ISP. The hard part of this proposal is to make it work. The most interesting proposal came from CAUCE Argentina, which you can check in Spanish here).
At least, this proposal may help to take Argentina from place number 7 in the spam ranking of Spamhaus (Argentina used to be in position n. 5!).
2) First Spam case in Argentina.
To our surprise, the defendants in our spam test case answered the complaint. They argued that our emails are in the web, so they came from a public source. Finally the argue that they do not handle any database of emails. The said that they just compile those emails they consider more useful from the web and do the spam!. From their point of view, the internet is unregulated in Argentina so the privacy and nuisance provisions of the Civil Code we invoked in the complaint do not apply to this case. Needless is to say that with this legal answer they have forced the Court to decide whether this techniques are legal in Argentina, and of course, they are illegal in the rest of the world (see Sorkin and Bolin) and in this country too under the data protection law. When we tell someone to stop the unsolicited communications and they do not stop, your only legal remedy is to sue them. This is so plain simple that I do not think it requires any further discussion. We have requested the judge to invite some amicus curiae.
3) Article about spam.
See my article about the legal problems of spam here (PDF in spanish).
Pablo Palazzi
Data retention in Argentina
Law 25.873 was enacted on January 2004 and mandated a ten year data retention period for all data traffic. The law was stringly critiziced by ISP because they have to bear the burden and cost of storing all these data. It was also critiziced because it is not clear whether all this data will be regulated by the data protection law and the ten year period is the longest in comparative law.
Recently, many locals ISPs and hosting services started to argue that they have their servers abroad so they do not have to comply with this law (unless the parent company is served with a subpoena). Also, the law was introduced into the telecomunications law of Argentina, but neither ISP nor other internet services are cosnidered public utilities under the law.
Recently, many locals ISPs and hosting services started to argue that they have their servers abroad so they do not have to comply with this law (unless the parent company is served with a subpoena). Also, the law was introduced into the telecomunications law of Argentina, but neither ISP nor other internet services are cosnidered public utilities under the law.
Argentina: Regulation of mobiles phones, privacy and anonimity.-
A new law was enacted to curb the use of mobile phones in crimes. Telephone companies are required to gather personal information from all users of mobile phones and interchange the list of stolen or lost mobile phones wit the the regulatory commission for telecommunications. Calling cards to be used with mobile phones are going to be regulated by the government (presumably, to avoid anonimity in this cases). The regulatory body for telecom shall have a database of mobile users and will make it accesible to enforcement agencies. The law also creates a new crime: to alter or modify the serial number or the credit information of a mobile phone.
See Law no. 25.891.
See Law no. 25.891.
Genetic Privacy
The Ministry of Justice of Argentina created a DNA database to compare samples from criminals and convicted felons. Resolution 415/2004 of the Ministerio de Justicia, Seguridad provides that the genetic database has to be registered with the data protection agency of argentina and comply with privacy, secrecy and confidentiality provisions.
See http://www.jus.gov.ar/noticias/nota40.html
See http://www.jus.gov.ar/noticias/nota40.html
Wednesday, June 02, 2004
Friday, May 21, 2004
Thursday, May 13, 2004
Fingerprinting
From next Monday the US Consulate will start a fingerprinting program in the Buenos Aires Consulate as a condition for granting visas to foreigners wishing to travel to the US.
See article published today in diario La Nacion.
See article published today in diario La Nacion.
Tuesday, May 11, 2004
Spam Bill in Argentina
A national legislator introduced in Congress a new bill that will allow GOvt to block IP and cancel domain names of spammers. The Bill proposes an opt out system. See comment to the bill here.
Tuesday, April 27, 2004
Tuesday, April 20, 2004
Fines in the data protection act of Argentina cannot be imposed by judges
The Court of Apeals of Tucuman ruled on Feb. 2004 that fines in the Data Protection Act of Argentina (section 31) cannot be imposed by judges. "The only one authorized by law to impose fines under the Arg. Data Protection Act is the Data Protection Agency" said the judges. Since its creation, the Argentine DPA have not imposed any fines. In a recent seminar, held in Buenos Ares the staff of the DPA explained that the agency is in the process of educating the controllers and responsibles for databases. So far, the DPA has implemented a register and a census for private databases.
This feature of DP laws seems not be exclusive of Argentina. Recently, Prof. Michael Geist has questioned in his regular Toronto Star Law Bytes column the effectiveness of Canada's privacy legislation, arguing that privacy laws without effective enforcement and genuine transparency may provide Canadians with little more than placebo privacy protection.
See more information and text of the decision at
DiarioJudicial.Com - La actualidad desde el Derecho - Martes, 20 de Abril de 2004
This feature of DP laws seems not be exclusive of Argentina. Recently, Prof. Michael Geist has questioned in his regular Toronto Star Law Bytes column the effectiveness of Canada's privacy legislation, arguing that privacy laws without effective enforcement and genuine transparency may provide Canadians with little more than placebo privacy protection.
See more information and text of the decision at
DiarioJudicial.Com - La actualidad desde el Derecho - Martes, 20 de Abril de 2004
Friday, April 16, 2004
Tuesday, March 09, 2004
Friday, February 27, 2004
Thursday, February 26, 2004
Data Protection in Argentina
The data protection agency of Argentina has enacted regulation 1/2004 (Offic. Jour. Feb. 26, 2004), establishing a census for private databases. Registration is mandatory between March 1, 2004 and April 30, 2004 for all companies and individuals. See Regulation 1/2004 at Infoleg
Saturday, February 21, 2004
New web site of the spanish data protection agency.
The Data Protection Agency of Spain has renew its web site with excellent resources...
see here
see here
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