Friday formalized the entry into force 14,214 of provincial legislation that regulates the constitutional action of habeas data. The reform, born in 1994, had not yet been regulated.
The Executive, headed by Governor Daniel Scioli, ordered the enactment of the law of habeas data with its publication in the Official Gazette on Friday.
The new rules will be applicable to appeal to habeas data In order to know the personal information submitted in the form of records, files or database, both public and private organizations, intended to supply information. This gives access to the purpose for which it is intended that information, whether it was communicated to others, to whom and what purposes, to require ratification, modification, updating or cancellation.
Article 2 of the passed law 14,214, set in the matter of "standing" that "will be entitled to bring this action any natural or legal person concerned. They are also entitled heirs universal forced the person which establishes the data, when the inquiry intends to defend the family honor. In the case of demand can collectively affect initiated by the Ombudsman of the province of Buenos Aires and / or associations or collective groups demonstrating sufficient legitimacy in representing those affected. "
The law allows citizens to oppose the inclusion of data that discriminatory effects of the person concerned. In turn, the draft adds that their removal may be required in cases where the presumption "has been used to undermine the honor, personal privacy and / or family ".
As competition and the jurisdiction, the law says "The court will be for the court of First Instance in Civil and Commercial lawyer magistrate, where it exists, in the case of private files that give reports, and the court of First Instance on Administrative Litigation in the case of public records of the province of Buenos Aires. "
Habeas data guarantees the right of every citizen to know the personal details about himself there in the records or databases, whether official or private, designed to provide reports for this information is accurate, complete, current, non-intrusive and guarantees safety and use according to the purpose for which it was provided.
For the overall process and prior intimation, the response or the timing, the enacting regulations: "For the exercise of habeas data, the petitioner must notify his claim to reliably holder or registration database. Only the refusal or silence it will expedite the prosecution. For the case to be taken given the records, files or database that you should exhibit, the applicant may be assisted by technical or legal advisors.
"It means that there is silence of the owner required if the requisition is not answered within five (5) working days, in the case of private persons and fifteen (15) working days in the case of legal persons in public. The demand of habeas data shall be filed within sixty (60) judicial days of being notified of the refusal. Otherwise, a lapse in the procedure and should proceed again as stipulated in article 5, entered the law.
Every citizen can become more aware of the information contained in such records, to "require the rectification, update or cancel and when the affected feel violated his rights records whose use would be discriminatory. "may also bring this action to stop the damage without that stop you from initiating other legal action for damages that would have caused, or criminal action if the content of the recorded data would set up a crime.
In addition, the publication of the Official Gazette remarks that after the case is filed, and at any stage of the process, the judge, ex officio or upon request, may order the injunction as it considers appropriate.
http://www.diariojudicial.com/noticias/Ya-rige-la-nueva-ley-de-habeas-data-20110114-0013.html
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