Habeas data & cryptoactives

27. April 2021

By Manuel Lobato. Patents Lawyer.

On April 5th, 2021 an Argentinean lawyer, owner of crypto assets -bitcoins- filed a constitutional action of habeas data against a request made by the Central Bank of the Argentine Republic.

Through this petition, the Bank asked credit institutions to provide the personal data -full name, address, number of accounts, among others-, of all those clients who have acquired and/or sold and/or managed payments through bitcoins and other kinds of crypto assets.
The purpose of the request for such information -according to the lender entity-, is based on the need to have all the data available to carry out a specific normative regulation on the matter.

Request to BCRA: Application of mechanisms for the deletion of the customer registry

The objective of the filing of the habeas data action – constitutionally regulated in article 43 of the Argentine Constitution – is to request the BCRA through the Court, to apply mechanisms of dissociation or deletion of the registry of clients whose data that the maximum Argentine banking entity is requiring.

Likewise, in the brief filed, the signee lawyer questions the grounds concerning the powers of surveillance and regulatory creation that the Bank has included in the statement that it has sent to financial institutions, requiring the remission of personal data of their customers.

Finally, the lawyer argues that the Central Bank of the Argentine Republic does not have any legal basis to request from financial entities personal data of their clients’ portfolios and that doing so violates the rights of privacy, intimacy, and protection of Personal Information.

To date, the court where the habeas data action was filed has not yet issued a judicial resolution in this regard.

In case your company decides to start working or if it is already working with personal data, be advised by experts in the matter.
In Moeller IP Advisors there is a wide range of services in connection with the Protection of Personal Data and Privacy.

Also, check our blog and/or LinkedIn account for further information.

Source: https://www.iproup.com/economia-digital/21834-lanzan-recurso-judicial-para-no-difundir-duenos-de-bitcoins

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