New Director of the DPA of Argentina

Eduardo Bertoni was appointed yesterday as the new Director of the Data Protection Agency of Argentina.

Bertoni was  the Director of the Center for Studies on Freedom of Expression and Access to Information (CELE) at Palermo University School of Law, Argentina.  Previously, he was the Special Rapporteur for Freedom of Expression of the Inter-American Commission of Human Rights at the Organization of American States (2002-2005), Teaching Fellow at the Human Rights Institute at Columbia University School of Law (2001), and a Member of the advisory boards of the Human Rights Initiative (Open Society Foundations), the Media Legal Defence Initiative, and the Freedom of Information Advocates Network (FOIAnet), among others.

He is an Argentinean lawyer and holds a Masters in International Policy and Practice from the Elliot School of International Affairs, George Washington University. Prof. Bertoni currently teaches at Palermo University School of Law, Buenos Aires University School of Law and New York University School of Law (Global Clinical Professor).

I know personally Eduardo and I am sure he will be a great director of the DPA!

Revenge porn law in Argentina

The issue is becoming more and more important. There are already two criminal cases in Argentina from 2015. The fact-scenario of both cases was  defendant posting without authorization videos of intimate images of ex girlfriend. Both cases were considered under the criminal felony of extortion because respondent requested a payment to stop publishing. But there are cases were no payment was requested and there is a gap in the criminal code, unless the judge considers the image personal data and the website a database and decides to apply section 157 bis of the Criminal Code (a provision inserted by the Data Protection Act intro the criminal code).

I have authored two law review articles about this matter and a working paper for our Internet Law program in the University of San Andres. In the last article I proposed to amend the Criminal Code following the changes introduced into  the Criminal Code of Spain of 2015.

My papers about revenge porn:

  1. Introducción al revenge porn, Working Paper DITC n. 1, Abril de 2016.
  2. Protección penal de la difusión no autorizada de la imagen íntima captada con consentimiento de su titular y el problema del “revenge porn, en Revista de Derecho Penal y Procesal Penal, Abeledo, Agosto 2015, pp. 1587-1598.
  3. Difusión no autorizada de imágenes íntimas (revenge porn), El Derecho marzo de 2016.

 

Next UK Information Commissioner announced

The PL&B blog reports that UK government announced this morning that Elizabeth Denham, Information and Privacy Commissioner, British Columbia, Canada, is the preferred candidate to be the UK’s next Information Commissioner. She is well known for her work internationally in the privacy and open government fields and was a speaker at several international conferences.

Privacy litigation in Argentina 1994- 2015

The Argentine Constitution provides a special judicial remedy for the protection of personal data known as “habeas data”. This is a judicial action for the protection of constitutional rights and therefore upgrades the protection of personal data to the category of fundamental right. The action of habeas data can be initiated to request the access, update or deletion of personal data that is inaccurate or false.

A report from the University of San Andres surveyed over 350 cases filed in Argentina.

Most of the cases filed in Argentina in the last decade (67%) are against credit reporting companies. 

On the other hand, cases initiated against the State include the rest 33%,  those initiated against the Federal Administration of Public Revenues (AFIP), the city and the province government, the army, the Central Bank of the Argentine Republic, the Argentine Federal Police, the National Customs Administration, the Argentine Naval Prefecture, the National Migration Office, the Ministry of the Interior, the Registry of Civil Status and Capacity of Persons, the National Registry of Reoffend, the National Social Security Administration, the Intelligence Service, the Ministry of Justice, the Ministry of National Defense and the National Registry of Motor Vehicles and Chattel Mortgages among others.

This is the link

http://www.ditc.com.ar/2016/02/12/algunas-estadisticas-sobre-los-reclamos-de-habeas-data-en-la-argentina/