To Discovery and Beyond: A Comprehensive Look at Argentina’s Data Protection Laws

Authors

Sean McCleary

Abstract

This article strives to shed light on the interplay between discovery practice under the Federal Rules of Civil Procedure, Argentina's data protection laws, and the ever-present possibility of discovery sanctions. For all intents and purposes, data protections laws serve as a double-edged sword that seek to protect an individual's privacy; however, data protection laws were not designed with litigation in mind. And because of that, it can be difficult for an Argentine company to comply with a discovery request that would implicate an individual's data privacy under Argentine law. In the end, it comes down to a balancing test. This article will explore the origins of data protections laws, the data protections laws in Argentina, discovery practice under the Federal Rules of Civil Procedure, and how Argentina's data protection laws can significantly impact discovery practice.

Recommended Citation

Sean McCleary, To Discovery and Beyond: A Comprehensive Look at Argentina’s Data Protection Laws, 47 U. MIA Inter-Am. L. Rev. 129 (2016)
Available at: https://repository.law.miami.edu/umialr/vol47/iss1/8