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

McCleary, Sean

Journal: University of Miami Inter-American Law Review

Volume: 47

First Page: 129

Year: 2016

Bluebook Citation: 47 U. MIAMI INTER-AM. L. REV. 129 (2016)

Author: Sean Mccleary: all 3 publications


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.

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