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    Status regarding Budapest Convention

Status regarding Budapest Convention

Status : Party Declarations and reservations : No declarations. Reservations regarding Art. 6, Art. 9, Art. 22, Art. 29. See legal profile

Cybercrime policies/strategies

The Information Technology National Office has adopted a cyber security strategy by the Disposition 3/2013 (27/8/2013).

There is an Open Government Action Plan 2013-2014 developed in the framework of Decree no. 996/2016 (Digital Agenda), discussing policies for Information Society Development, E-Government and public services, Citizen participation and access to public information, National Plan of Information Critical Infrastructures and Cybersecurity (ICIC) and Healthy Internet.

There is also a National Programme of Cyber Security and Information Critical Infrastructures in the Chief of the Cabinet of Minister’s Office.

Specialised institutions


  • The General Prosecutor of Buenos Aires City set up a “Prosecution Team” specialized in computer crimes in the city of Buenos Aires. This team prosecutes crimes related to computer systems or software (computer damage) attacks and child pornography (distribution and production of child pornography).
  • The Federal Police, state polices and other security forces have incorporated special cybercrime investigation units. These units investigate and provide assistance to judicial authorities and prosecutors. For example, the Federal Police’s “Technological Crimes Division”; the Metropolitan Police’s (in Buenos Aires City) “Telematics Investigations Special Unit”; or the “Judicial Investigators Unit” in Buenos Aires City’s judicial system.
  • National Cybersecurity Direction under the Cabinet of Ministers works on developing strategies and mechanisms for the protection of information and services of the National State and its citizens and on coordinating incident management at the national level (including cybercrime-related incidents).
  • Ministry of Security offers annual Cybercrime courses for middle-ranking officers of the four federal forces, the Judicial Investigation Corps of CABA and the National Directorate of Criminal Intelligence (DNIC).

Jurisprudence/case law

  • Argentina's Supreme Court declared unconstitutional the data traffic retention law. By means of similar arguments as those adopted by the German and Romanian Court, on February 24, 2009, upheld the unconstitutionality of the law 25.873 that forced telecommunications providers companies to preserve for 10 years the users' personal data, communication traffic data as well as capture and referral communications, for the purpose of preserving the data in case, eventually, it might be required by the public prosecutor or the judiciary in criminal cases investigations. The law was declared unconstitutional for violating the right of privacy and the protection of communications which may only be restricted by a court order in individual cases. The law does not distinguish these particular cases, neither the judicial order rule. Moreover, the Supreme Court states that the traffic data it is tied to the content data, so that both are protected by the right of privacy. The Parliament never passed a new law solving the issues posed by the Supreme Court.
  • The "Cámara Nacional de Casación Penal", Sala IV (Casation Court), on March 22, 2013, upheld a conviction for threats and coercion, on the basis of the content of an email.  The court analysed the chain of custody of the notebook. The sentence states that if a notebook sealed in an envelope is opened in front of witnesses and an actuary it is appropriately protected. It states, as well, that information held in the notebook that was copied bit for bit it is a true copy of the original disk.
  • CSJN fallo R.522.XLIX “Rodríguez, María Belén c/ Google Inc. s/daños y perjuicios"

Supreme Court’s sentence regarding ISPs liability (in particular search engines) for illegal contents or images rights affecting. Though it is not a criminal law case it might be interesting due to the issues addressed in, such as freedom of speech and limits to ISPs liability.

The Supreme Court’s hearing might be interesting too:

Sources and links

Tools on Cybercrime & Electronic Evidence Empowering You!

These profiles do not necessarily reflect official positions of the States covered or of the Council of Europe. 


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