Announcement to businessmen
The president indicated that three new projects will reach legislative power. In exchange, the reform of the Criminal Code will be postponed
President Mauricio Macri confirmed that in the short term he will forward several projects to Congress with a new law of public ethics, an updated regulatory framework for the protection of personal data and another for the reform of the National Institute of Statistics and Counts (INDEC)
In this connection, the presentation of the preliminary draft of the Penal Code will be postponed until the end of the year, since the government has not yet determined whether the abortion will decriminalize for women who practice it as for the doctors who perform the intervention.
By participating in the annual meeting of the Argentine Business Association (AEA), where he praised the progress of different laws during his term of office, Macri expressed his wish that "Soon Congress passed the law of extinction of domain good so that we can restore what belongs to everyone. "
The projects that will reach the Act Ativo will arise in the coming days as a result of the work of various agencies, which have open consultations to listen to the positions of various organizations linked to every theme.
The preliminary draft was drafted by the Anti-Corruption Agency and promotes a comprehensive reform of the law that not only reaches government officials and legislators but also trade unions and sectors of the judiciary.
The text prohibits "the appointment in the field of National Public Administration of the spouses, cohabitants or relatives in a straight line or collateral to the second degree " of the president, vice, cabinet chief and ministers.
This prohibition applies to deputies and senators, magistrates of the Judiciary and the Public Prosecution Service, although in these cases the impediment will only be agreed within the same department.
of the legislators is understood that the scope is the congress. There will be one exception for those who have been designated by public tender background.
With regard to affidavits, the senior officials must submit additional information providing adequate control of personal and professional ties
Items to indicate the "assets and / or funds involved in trusts" in which the declarant participates, in the country or abroad, to identify the trust and its parts "are added as items; and "the legal persons, trusts or any other contractual form of which the declarant proves to be the beneficiary or the ultimate owner."
A classification is also made of the parts of the affidavit that are public and that are "reserved" (accessible to the enforcement authority, the court or the public prosecution service).
This category includes, for example, personal data of the declarant; the precise identification of real estate, furniture and intangible assets; and the number of bank accounts, fixed deadlines or credit cards.
In the chapter relating to the donation system the prohibition on receiving gifts is maintained on occasion or during the performance of functions when these are greater than a "small value". This will be determined by the enforcement authority.
Another point that has been questioned in recent years was that of civil servants with conflicts of interests, had been working in areas since who had to control companies of which they were part
According to the bill there is a " conflict of interest in the exercise of the public function when both the [openbare] interest of the performance of functions corresponds to a particular interest, or not of an economic nature.
This is an objective situation that is independent of the the official's intention to obtain an advantage is configured
It is therefore prohibited to carry out activities in the field during the performance of the public function: private – in honor or paid form – and the provision of services to those who carry out these activities, on whom they are attributed as officials, regardless of whether they decide
The official is also prevented from directly or indirectly, personally or through third parties – to provide goods, services or works to the authority in which it exercises its authority or to the authorities or entities acting in its jurisdiction, even if it has no attributions on recruitment.
Another novelty in the regulation of conflicts of interest is that the members of the governing bodies of the regulatory authorities are prohibited from having or having interests in companies that are subject to the law. the scope of regulation and control .
The second of the projects concerns the reform of the Institute for National Statistics. It will no longer be dependent on the Ministry of Finance, but is intended as an autarchic body, with its own legal patrimony and personality, such as AFIP .
The standard, if approved, will determine the statistical system National (SEN), the official statistical activities and the implementation of national censuses that are carried out on the territory of the nation, as well as the organization of its statistical services and its relations with international organisms.
The National Statistical System (SEN)) will be integrated by the following organisms:
– The National Council of Statistical Information (CNIE).
– The National Institute of Statistics and Censuses (INDEC).
– The bodies that integrate the national public sector, in terms of Article 8 of Law 24.156, and the national public financial sector, which is responsible for the production of statistics, or which keep public information or document useful for those purposes .
– The statistical services of the provincial and municipal government sector, composed of all agencies, offices, organizational units or bodies that are responsible for the production of statistics or that keep public information or documents useful for these purposes. the provinces and municipalities, their autarkic or decentralized departments, their public companies and all other dependent organizations.
As for the methodology in obtaining the data the project indicates that "the discussion will be promoted" prior to methodological changes in specialized areas, national and / or international academic forums. "
The organizations that produce official statistics will endeavor to publish the names of the officials involved in the preparation of the reports to which reference is made, as well as contact information of the participating offices. also have to publish detailed information about their budgets and action plans on their websites.
With regard to INDEC, it establishes that is a decentralized agency within the framework of the national executive power with its own legal status, functional independence and financial autonomy and who will be responsible for a general manager – designed by competition from technical and professional backgrounds and from opposition – for a term of five years, able to resume the position for a single time.  new Indec has the following functions: collecting statistics ish data through surveys, registration data and others; producing national accounts, international accounts, satellite accounts and labor analysis; producing social and economic indicators; and produce the other statistics corresponding to it according to the national statistical plan.
Those who have been convicted of a deliberate crime will not be able to direct it; those who have been convicted of crimes to the detriment of national, provincial or municipal public administration, those who have been sanctioned with deprivation of liberty or dismissal in the national, provincial government administration of the autonomous city of Buenos Aires or the municipality.
Data Protection Act
According to the latest version of the project, personal data must be collected for specific, explicit and legitimate purposes and may not be treated in a way that is incompatible with the stated goals.
The treatment must be limited to the purposes that were collected and must not be kept beyond the strictly necessary time for the fulfillment of the purpose of the treatment.
Data processing is only lawful if at least one of the following conditions is met:
a) the owner of the data gave his consent;
b) is executed on data appearing in f Sources of unrestricted access to the public;
c) is performed in the exercise of functions specific to the powers of the state and are necessary for the strict fulfillment of his powers;
d) is necessary for complying with a legal obligation that applies to the person responsible for the processing;
e) is derived from a legal relationship between the owner of the data and the data manager and is necessary for its development or
f) is necessary to maintain the vital interest of the owner of the data or of third parties, and the data owner is physically or legally incapable of giving his consent;  (g) is necessary for the fulfillment of legitimate interests which are sought by the controller or by a third party, provided that the interests or rights of the holder do not prevail over those interests. r of the data, especially when the owner is a child or an adolescent.
The provisions of subsection (g) do not apply to the processing of data made by public authorities in the exercise of their functions.
The processing of data, in whatever form, requires the free and informed consent of the owner for one or more specific purposes. Permission can be obtained expressly or tacitly.
In all cases, the data controller must demonstrate that the data subject has consented to the use of his / her personal data.
said permission it can be revoked at any time but it will have no retroactive effects. The person responsible for processing is obliged to facilitate the withdrawal by means of simple, free mechanisms and at least in the same way for which he obtained the permission.
The owner of the data has the right of the controller to correct the personal data if they are incorrect, incomplete or not updated .
During the process of verifying and rectifying the error or inaccuracy of the information in question, the controller must block the data, or send, when you provide relevant information, the circumstance to be reviewed.