Argentina’s top court recognizes consent as a fundamental right
Pablo Palazzi of Allende & Brea in Argentina says that the ruling marks a shift towards a more modern understanding of data protection and opens the way to reform.
On 30 April, Argentina’s Supreme Court ruled in Torres Abad, Carmen v. Estado Nacional, s/habeas data, holding that the State cannot transfer personal data collected for social security purposes to another public authority without the data subject’s consent. In the same decision, the court declared unconstitutional two key provisions of the Personal Data Protection Law (PDPL).
The case arose from Resolution No. 166/2016, which approved a data-sharing agreement between the National Social Security Administration (NSSA) and the Secretariat for Public Communication. The agreement enabled the exchange of personal data across both agencies’ databases to support public communication strategies and identify local trends.
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