Calm down, you're under protection of law

Every person who has ever come in touch with e-payment systems knows about the procedure of application fill. And for sure there is no a single person who had no hesitations for it because as it known all new always frightens with its inscrutability and the thoughts like "There is a guarantee that this information will be kept in secret?" or "Who will vouch for the security of my personal data and its proper use?" are not uncommon. But it is necessary to calm down the newcomers and all the users: virtual world becomes more and more alike the real one and there are a lot of laws and regulations as well as various institutions that will protect them and their rights.

The Personal Data Protection Statute (hereinafter "PDPS") is one of the consumer protection rights for online transactions under the Argentine law. This statute deals with the personal information stored in databases. A database is defined as any organized set of data subject to treatment or processing, either electronically or otherwise, whatever form its collection, storage, organization or access may take.

The collection of data must comply with the following requirements: (i) the data shall be adequate and not excessive in light of the purpose for which it is collected; (ii) the use of the data for purposes different or incompatible with those for which it was collected is forbidden; (iii) the data shall be destroyed if it is no longer needed for the purposes for which it was collected; (iv) the responsible of the database and the people that may participate in the process of gathering the personal data are obliged to keep such information confidential; (v) personal data owners shall have to freely and expressly agree to the treatment of their personal data, in written or by any other related means. This requirement does not apply, however, in cases in which the data is limited to name, identification number, tax identification, occupation, date of birth and domicile, or if it arises from a contractual, scientific or professional relationship and is necessary for the performance of such relationships.

The person or entity collecting personal data must inform, (i) the purpose for which the data is collected, and the persons that could have access to such information; (ii) the name and domicile of the responsible of the database; and (iii) the mandatory or voluntary nature of the fields of the form or questionnaire requesting personal data.

According to PDPS, all physical persons or entities structuring databases that are not intended for an exclusively personal use must be registered with the National Direction of Personal Data Protection.

The transfer of personal data is subject to the consent of the data owner, and is only allowed for purposes directly related to the legitimate interests of the data holder and the recipient. Exception to the consent requirement is found, among other cases, in dissociation procedures applied to the data when the persons to whom the information refers were unidentifiable. The international transfer of any type of personal information is forbidden when the foreign recipient is located in a country that does not provide an adequate level of protection.

Is the treatment of personal data ruled under Argentine law?

The treatment of personal data is regulated under the Personal Data Protection Statute, applicable in the whole Argentine territory. This statute provides for certain duties to be complied by those persons or entitles collecting personal information, and is fully applicable to the gathering of data through web-based forms that are usually part of e-commerce transactions.

What are the main duties of personal data holders?

Data holders must register the database with a local governmental agency. Basically, collectors of personal data must inform the purpose of the data collection and use it accordingly, keeping such data confidential, and in some cases, requesting the data owner's consent. Warnings, fines and criminal liabilities may apply in case of non-fulfillment of these duties.

Is it possible to use the database for commercial purposes?

The use of databases for commercial purposes depends on the scope of its use. Should the database holder desire to use it for advertising and marketing purposes, such fact must be informed whenever the consumer personal data is requested. The transfer of databases locally or internationally, although not prohibited, is subject to certain requirements, including the data owner's consent and the existence of protective statutes in force within the jurisdiction where the database is to be transferred.

So, as everybody can see everything is not so bad! And this is just one example of hundreds of them. And there are lots of people whose job is to protect Internet user and to stand upon their rights. They every day wake up, go to work and keep order in virtual world, so that common users can forget about their anxiety and suspicions and serenely do their business. Calm down, you're under protection of law.

Aynny , reporter of Ecommerce Journal