Regulating Artificial Intelligence in Argentina

State regulation of artificial intelligence is being debated worldwide, and Argentina is no exception. While there is no specific and binding regulation on this matter in the country, over the past two years, authorities and users have become aware of the challenges, and interest has grown in developing public policies and regulations to balance technological innovation with data protection and privacy.

Here is a summary of the advancements made in Argentina on the regulation of artificial intelligence.

.

In August 2022, the Access to Public Information Agency (AAIP), an autonomous entity within the Chief of Staff Office, presented a project to amend Law 25.326 (“Personal Data Protection Law”).[1] The amendment aims to create a framework that articulates technological innovation, economic development, and human development with the protection of personal data. Among other aspects, it proposes expanding the definition of sensitive data and the scope of application of the law, as well as demanding greater transparency in artificial intelligence mechanisms, including people’s right not to be subject to decisions based on algorithms or automated profiles. This project has been under consideration in the House of Representatives since June 2023.

On June 1, 2023, the Undersecretariat of Information Technologies, under the Ministry of Public Innovation, issued Provision 2/2023, approving the “Recommendations for Reliable Artificial Intelligence.”[2] These recommendations focus on incorporating ethical principles throughout the life cycle of AI, defining the risks and responsibilities that may exist at each stage, emphasizing that responsibility and oversight should always rest with humans. While the recommendations are specifically aimed at the public sector, they could be considered as non-binding guidelines by the private sector.

On September 4, 2023, the AAIP issued Resolution 161/2023, creating the “Program for transparency and data protection in the use of Artificial Intelligence.”[3] The program aims to promote processes of analysis, regulation, and strengthening of state capacities necessary to accompany the development and use of artificial intelligence, both in the public sector and in the private sector, ensuring the effective exercise of citizens’ rights regarding transparency and data protection. The program addresses various key dimensions for the implementation of AI projects, such as awareness and education, supervision and human decision-making, and responsibility and accountability. It also emphasizes the importance of respecting national, regional, and international legal frameworks related to privacy and personal data protection in the context of Artificial Intelligence.

Argentina thus joins international efforts in AI ethics, taking into account precedents such as the UNESCO Recommendation on the Ethics of Artificial Intelligence, the Asilomar Conference, meetings of the OECD Ministerial Council, and the G20 Ministerial Meeting on Trade and Digital Economy.
The upcoming administration of President Javier Milei and the National Congress, with its new political composition resulting from the 2023 elections, will play a significant role in determining the relevance and approach to this issue.

[1] https://drive.google.com/file/d/1TRb9c3Y0W6MRTPWjEW9be2jsMj3QllYW/view
[2]https://servicios.infoleg.gob.ar/infolegInternet/anexos/380000-384999/384656/norma.htm
[3] https://www.boletinoficial.gob.ar/detalleAviso/primera/293363/20230904