Argentina - National
Directorate for Personal Data Protection
In
2001, anti-spam legislation (“Anteproyecto
de Ley de Regulación de las Comunicaciones Publicitarias por Correo Electrónico”)
was proposed
and
in
November 2003, the Federal Court heard its first spam case. The judge issued an
injunction relying on the 2000
Personal Data Protection Act, in particular its Article No. 25, under which the
accused spammer was ordered to stop sending
e‑mails after an opt-out was requested. Under other sections of the Act,
the
spammer was also ordered not to give the addresses to a third party. When spammers
are convicted, the final sentence must be communicated to
the National
Direction for Personal Data Protection (DNPDP). The DNPDP is the authority in
charge of Data Protection within the Ministry of Justice; the National
Directorate for the Protection of Personal Data.
In
2004, the national legislator introduced a new Bill in Congress, allowing
the government to block IP and cancel domain names of spammers. The Bill
proposes an opt-out system (“Proyecto
de ley para regular el Spam en Argentina”
of 11 May 2004).
|