Privacy Law Survey 2021 - Argentina

Consent

May consent be used as a legal basis for processing worker information? (Y/N – if N, please explain)
Yes.

Are there any specific worker data collections or processing operations that require prior consent? (Y/N – if Y, when is consent required)
Yes. Pursuant to section 71 of the Labor Contract Law No. 20,744 ("LCL"), employees' surveillance requires employee's prior notice. Case law has determined that prior consent is required to monitor employees' emails.

Are there exceptions that will allow employers to collect and treat workers data without consent? (Y/N – if Y, list the exceptions)
Yes. As a general principle, employers may treat employees' data without employees' consent based on the "contractual relationship" exception set forth in Section 5.2.d of Argentine Personal Data Protection Act 25,326 ("PDPA").