Decreto 1558/2001, regulation of Ley 25.326: private databases, deletion of stale data, informed consent and processors
Decreto 1558/2001 arts. 1, 4, 5 and 25 (reglamentación de la Ley 25.326: private reporting databases, stale data, informed consent, processing on behalf)
In force.
A comprehensive regime rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Retention, Consent, Contract terms
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- Delete personal data that has lost currency for the purposes for which it was collected, without waiting for the data subject to ask.
- Before you rely on consent, explain to the data subject, in a form suited to their social and cultural level, the information that article 6 of the Act requires.
- Honor a data subject's revocation of consent given at any time; the revocation has no retroactive effect.
- Where a processor handles personal data for you, bind it by contract to act only on your instructions and to carry the obligations of article 9 of the Act.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 4, 5 and 25 require deletion of stale data, informed and revocable consent, and a processor contract. None requires a log or record, and article 4 only lets the control body verify compliance at each stage of data use.
- Kind
- None
- As of
What this law does
Article 1 of the regulation brings within the private databases that supply reports any database that exceeds exclusively personal use and any database whose purpose is to cede or transfer personal data, whether the report is given for a fee or free. Article 4 requires the controller to delete data that has lost currency for the purposes for which it was collected, without waiting for the data subject to ask.
Article 5 defines informed consent as consent preceded by an explanation to the data subject, in a form suited to their social and cultural level, of the information that article 6 of the Act lists. Under article 5, consent to the processing of personal data may be revoked at any time, and the revocation has no retroactive effect.
Article 25 requires a contract that binds a processor to the controller and provides that the processor acts only on the controller's instructions and that the obligations of article 9 of the Act also fall on the processor. The Executive issued Decreto 1558/2001 on and it was published in the Boletín Oficial on .
When LexLint raises it
When your app profile says your app processes personal data.
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