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Argentina: Bill on digital identity introduced to Senate and Chamber

On July 11, 2024, Bill No. 3720-D-2024 on Digital Identity was introduced to the Senate and Chamber of Deputies of Argentina. The bill seeks to amend the National Penal Code by incorporating provisions that address digital identity crimes.

Furthermore, the bill states that any unauthorized dissemination of intimate images or recordings to a third party, without the consent of the affected person, through any type of electronic communication, data transmission, web pages, and/or any other means of communication, must be punished with a prison sentence of six months to two years. However, the bill states that anyone, being outside the intimate relationship or trust with those who appear in said material, who disseminate the material will not be punished in order to respect the right to freedom of expression.

Additionally, the bill states that digital harassment, which is defined as the intimidation or harassment of another person through the use of any digital media, causing damage to the person's intimacy, privacy, dignity, freedom, image, and honor, will also be punished with imprisonment from six months to two years.

The bill also prescribes an imprisonment term of six months to two years for digital identity theft, where a person seizes and uses the image and/or affiliation data of another human person, deceased or not, or creates a false identity with the image.

Moreover, the bill provides a list of aggravating circumstances in which the sanctions of the aforementioned crimes would be doubled, such as if the affected person is a woman, under 18 years, over 70 years, or with a disability, among other things.

You can read the bill, only available in Spanish, here.