ArgentinaAAIP Resolución 126/2024: classification of infringements and graduation of sanctions under Ley 25.326
Resolución 126/2024 de la Agencia de Acceso a la Información Pública Anexos I y II (clasificación de infracciones y régimen de graduación de las sanciones)
In force since .
An enforcement supervision rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Governance, Reporting
- Audit expectation
- on_request
- Who audits it
- Regulator
What it requires
- Provide the control body, in due time and form, the information and documentation it requests in the exercise of its powers and in an inspection.
- Respect the principle that the rights of access and rectification are free of charge, as articles 14 and 19 of the Act provide.
- Carry out an obligation to act, or the mandatory data-protection training, that the control body imposes together with a sanction.
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
Annex II grades the fines of article 31 of the Act into three scales by gravity, from 1,000 to 80,000 pesos for minor, 80,001 to 90,000 for serious and 90,001 to 100,000 for very serious infringements.
- Rule
- Fixed only
- As of
- Minimum
- 1,000
- Currency
- ARS
- Fixed cap
- 100,000
Who enforces it
Enforcement body
Agencia de Acceso a la Información Pública (AAIP), acting through its Dirección Nacional de Protección de Datos Personales
What it makes you log
Logging duty
Annex I classifies failures to provide information and documents to the control body as infringements, and Annex II sets the graduation of sanctions. These are the regulator's powers to demand information, with no record named, so the resolution imposes no record duty.
- Kind
- None
- As of
What this law does
Article 1 of Resolución 126/2024 of the Agencia de Acceso a la Información Pública approves the classification of infringements and the regime for grading sanctions for infringements of Leyes 25.326 and 26.951.
Annex I classifies as serious infringements, among others, processing personal data without an adequate legal basis, collecting data without giving the information article 6 of the Act requires, and not attending in due time and form a data subject's request for access, rectification or erasure where legally due.
Annex I classifies as very serious infringements, among others, transferring personal data to countries or international bodies without adequate protection, outside the exceptions of article 12, paragraph 2, of the Act, without meeting the Act's other legal requirements.
Annex I also classifies as very serious collecting and processing sensitive data without the data subject's consent or a reason of general interest authorized by law, or for statistical or scientific purposes without due anonymization.
Annex II sets for minor infringements up to two warnings and/or a fine of 1,000 to 80,000 pesos, for serious infringements up to four warnings, suspension of 1 to 30 days and/or a fine of 80,001 to 90,000 pesos, and for very serious infringements up to six warnings, suspension of 31 to 365 days, closure or cancellation of the database and/or a fine of 90,001 to 100,000 pesos.
Annex II caps the total fine for several fines for identical sanctionable conduct in one proceeding at the maximum of the applicable scale multiplied by 500. Annex II reduces the graduation of a fine by 50 percent when it is paid voluntarily within twenty working days of notification. Annex II lets the control body impose an obligation to act so that the infringer ceases the breach and order mandatory data-protection training.
The resolution took effect on and repealed Disposición DNPDP 7/2005 and Resoluciones AAIP 12/2018, 240/2022, 243/2019 and 244/2022.
When LexLint raises it
When your app profile says your app processes personal data.
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