VPNs with servers in Argentina

Decree 1563/04 regulated the law; Decree 357/05 suspended that decree without repealing it. In Halabi (24 February 2009) the Supreme Court confirmed the judgment declaring articles 1 and 2 of the law and the decree unconstitutional, holding that communications belong to the sphere of personal privacy protected by articles 18 and 19 of the Constitution, and extended the effect to all users in the plaintiff’s position.

Ley 19.798 now survives only in provisions that do not conflict with the Argentina Digital law, Ley 27.078 (article 89). Whether a VPN operator is a provider of information and communications technology services under that law is not established.

Under Ley 27.078, internet providers may block, interfere with, discriminate against or restrict the use of any content, application, service or protocol only on a court order or at the user’s express request (article 57(a)), within a general guarantee of access without restriction or blocking (article 56).

Calumny, the false accusation of a specific crime subject to public action, and intentional dishonouring or discrediting of an identified person, are punished by fines (Criminal Code, articles 109 and 110). Expressions on matters of public interest, and those that are not assertive, constitute neither offence.

Under Ley 23.592 (article 3), taking part in an organisation, or making propaganda, based on ideas of racial or religious superiority that aims to justify or promote racial or religious discrimination carries imprisonment of one month to three years. The same penalty applies to anyone who by any means encourages or incites persecution or hatred against persons because of their race, religion, nationality or political ideas.

Under Ley 27.078 (article 5), communications made through information and communications technologies, together with their associated traffic data, are inviolable, and their interception, recording and analysis proceed only at the request of a competent judge.

Decree of necessity and urgency 614/2024, issued on 15 July 2024 and published on 16 July, amended the national intelligence law, Ley 25.520. Appointments of the Secretary of Intelligence and of the heads of its decentralised bodies must be communicated to the Bicameral Commission for Oversight of Intelligence Bodies and Activities of Congress. The order of the rows is the security score, and a server’s location is not a recommendation.