(8) The Personal Data Protection Act No 25.326 of 4 October 2000 (hereinafter "the Act") develops and widens the Constitutional provisions. It contains provisions relating to general data protection principles, the rights of data subjects, the obligations of data controllers and data users, the supervisory authority or controlling body, sanctions, and rules of procedure in seeking "habeas data" as a judicial remedy.
(12) Other provisions of the Act apply to registers, data files, databases or data banks which are interconnected through networks at inter-jurisdictional (meaning "interprovincial"), national or international level, and which are considered as falling within federal jurisdiction. They concern the control exercised by the supervisory authority, sanctions imposed by the supervisory authority, and the rules of procedure concerning the "habeas data" judicial remedy. Other kinds of registers, data files, databases or data banks should be regarded as falling under provincial jurisdiction. The provinces may issue legal provisions on these matters.
(a) a competent Argentine authority has determined that the recipient is in breach of the applicable standards of protection; or
(b) there is a substantial likelihood that the standards of protection are being infringed; there are reasonable grounds for believing that the competent Argentine authority is not taking or will not take adequate and timely steps to settle the case at issue; the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in Argentina with notice and an opportunity to respond.
The suspension shall cease as soon as the standards of protection are assured and the competent authority concerned in the Community is notified thereof.
4. If the information collected under paragraphs 1, 2 and 3 provides evidence that any body responsible for ensuring compliance with the standards of protection in Argentina is not effectively fulfilling its role, the Commission shall inform the competent Argentine authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.
