ADC submits four considerations on data privacy law

Through our executive director, Valeria Milanes, the Asociación por los Derechos Civiles (Association for Civil Rights – ADC) presented the four aspects we promote in the debate on the update of the data privacy law, at a meeting held by the Access to Public Information Agency (AAIP), the Ministry of Foreign Affairs, International Trade and Worship, and the Chief of the Cabinet of Ministers’ Office. The event was titled “Trends and Challenges of International Cooperation in Data Protection and Artificial Intelligence. Dialogue between government, academia, and civil society to guarantee the right to privacy”, and took place on August 1 at the San Martin Palace.

Ms. Milanes formed part of the panel “Dialogues around the challenges of data protection and artificial intelligence”, where she spoke about the most significant questions a new regulation should contemplate to guarantee respect for fundamental rights. Especially highlighted were the points included in the bill at ADC’s request:

• The Primacy Principle (art. 10).
• Principle of proactive responsibility and due diligence (Art. 12).
• Active legitimation with recognition of collective representation (Art. 67)
• Discrimination: automated decision-making and profiling (Art. 31), sensitive data processing (Art. 12), and habeas data action (Art. 66).

As to Primacy and the approval of the in dubio pro data holder principle, Ms. Milanes explained that data subjects are increasingly distant from the processing of their information, and these tenets can serve to bolster the various types of protection considered in the bill.

On the other hand, our representative mentioned the sanction of due diligence, which she highlighted as “a continuous process, encompassing the entire cycle of development and design of a type of technology.” Finally, Ms. Milanes addressed the issue of class action, pointing out that groups in vulnerable situations could be collectively affected. “It is no longer a personal issue but one with dimensions that go beyond the individual. We understand that this incorporation will lead to better protection tools,” she said.

ADC’s executive director shared the panel with Sofía Scaserra (University of Tres de Febrero); Diego Fernández (Torcuato Di Tella University); and Violeta Paulero, head of Data Privacy at the AAIP. The event also featured presentations by Patrick Penninckx, in charge of the Information Society Department of the Council of Europe, and Beatríz Anchorena, head of the AAIP.