In this report, we analyse what the Argentine State is currently able to do with citizens’ personal data and what safeguards exist against this power, in a context shaped by the use of technology.
We begin with a description of the data ecosystem that the Argentine State is currently building up, before going on to address the issue of inferred data. What is it? How is it protected? We examine the regulatory frameworks for data protection and their weaknesses, and then review some recent reforms that enable increased surveillance, with the aim of characterising and understanding the current landscape in which data processing technologies are deployed, and the associated risks in terms of citizens’ human rights.
This document relies on two previous reports by Fundación Vía Libre, which form its analytical basis; we refer readers to these for a more in-depth examination of their respective topics: ‘Legal Protection of Inferred Personal Data’, which analyses the category of inferred data and its implications for current regulatory frameworks, and ‘Personal Data Held by the State’, which describes the legal regime and the practices of the Argentine State in this area. Furthermore, for a more detailed account of the reforms to the intelligence system and their impact on rights – which we summarise in this document – we recommend reading the report produced by the Initiative for Citizen Oversight of the Intelligence System, of which we are a member, entitled ‘The State of the Regulatory Framework for Intelligence in Argentina’.
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