Argentina: Introduced Bill 2370-D-2023 on protection of personal data and the privacy of children and adolescents in the use and access to digital platforms

On 1 June 2023, Bill 2370-D-2023 on protection of personal data and the privacy of children and adolescents in the use and access to digital platforms was introduced in the Chamber of Deputies of Argentina. The Bill would require providers of digital products or services to conduct data protection impact assessment to identify risks regarding exposure to harmful content or contact with unknown third parties, assess the impact of algorithms, platform design features and selective advertising to determine if they have any potential of harming children and identify risks related to data transmission affecting children's rights. The providers would be required to implement measures to mitigate the risks identified. Furthermore, the providers of digital products or services accessible to children are prohibited from using personal data that may be harmful to their physical, mental and well-being or collecting, selling, or transmitting data that is not necessary for providing the service unless it can demonstrate it benefits the children. The providers are prohibited from collecting precise geolocation by default unless it is strictly necessary to provide the requested service, using dse dark patterns to induce children to provide personal information or waive privacy protections, and transferring the collected data to third parties unless they demonstrate a legitimate interest and the implementation of protective measures.