Habeas Data – Datos Personales – Privacidad

Spam in Argentina

Posted: mayo 26th, 2006 | Author: | Filed under: Argentina, Panama, Spam | No Comments »

*First Spam decision in Latin America*

On April 7, viagra here 2006 a federal judge from the City of Buenos Aires (Argentina) issued the “first decision in a spam case”:http://www.habeasdata.org/spam. Plaintiffs Gustavo Daniel Tanus and “Pablo Andres Palazzi”:http://www.habeasdata.org/pablopalazzi sued a spammer under the new data protection law of Argentina.

In their complaint the two plaintiffs argued that “section 27 of the 2000 Argentine Data Protection Law”:http://www.habeasdata.org/Argentine_Data_Protection_Act gives them a right to opt out, mind which the spammer did not comply with when they asked to be removed from the database (They demanded that their email be deleted from the database).

In November 2003, information pills the judge issued an injunction, declaring that during the process the defendant should refrain from sending plaintiffs additional e-mails. The injunction also forbade the transfer of the plaintiffs emails to third parties. His decision was based on “the data protection law”:http://www.habeasdata.org/Argentine_Data_Protection_Act, “section 1, 2, 5, 11 and 27″:http://www.habeasdata.org/Argentine_Data_Protection_Act.

This month the judge issued the final decision, ordering the defendants to stop dealing with, in any way, the personal data of the plaintiffs and delete their personal information. The decision confirmed that the sending of spam infringed the plaintiff* ´s privacy and data protection rights.

Spam is starting to be regulated throughout Latin America. Recently, bills were introduced in Congress in Brazil, “Argentina”:http://www.habeasdata.org/Argentine_Data_Protection_Act and Chile,and there is already a special law in Peru.
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