By Pablo Palazzi

Commissioners Release Report on TJX Companies Inc./Winners Merchant International L.P. Breach

The Supreme Court of Argentina recently ruled that those who facilitate identity theft are liable for losses and emotional distress. In the case, a citizen requested the issuance of a new national identity card (cards which are mandatory in Argentina). The card was lost in the bureaucracy of the federal government and the individual never received it. The identity card was then used to open credit at several banks and to order goods from retail companies, which were never paid. As a consequence the credit status of the plaintiff was ruined, his bank accounts were closed and he lost his job.

The court held that both the province of Mendoza and the federal government (which blamed each other during the trial) were responsible for failing to adopt the necessary measures to avoid the damage to the individual. Emotional distress damages were awarded to the plaintiff.

The case is Serradilla v. Province of Mendoza (CSJN, S.2790, docket 2007).

Pablo Palazzi is Of Counsel at the law firm CABANELLAS, ETCHEBARNE & KELLY (Buenos Aires, Argentina) where he specializes in privacy and computer law. He is licensed to practice in the State of New York and in Argentina. He may be reached at pablo@palazzi.com.ar or at + 5411 4114 5525.


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