Global Data and Cyber Handbook

Argentina

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Artificial Intelligence, Profiling and Automated Decision Making
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Are there any restrictions or requirements related to creating profiles of data subjects or utilizing automated decision-making for decisions related to data subjects, including with respect to artificial intelligence?

Last reviewed: 2 December 2024

Yes

The restrictions or requirements are as follows:

☒       right to information / transparency requirement

☒       other

Under Convention 108+ (which refers to the Automatic Processing of Personal Data), the processing of genetic data, personal data relating to offenses, criminal proceedings and convictions, biometric data uniquely identifying a person, and other sensitive personal data (e.g., information revealing racial or ethnic origin, political opinions, trade-union membership, religious or other beliefs, health or sexual life), will only be allowed where appropriate safeguards are enshrined in law, complementing those of Convention 108+. Moreover, under Convention 108+, data subjects are entitled to (i) obtain knowledge of the reasoning underlying the data processing, which is important in terms of profiling of individuals; and (ii) not to be subject to a harmful decision and which is made solely on automated processing, without considering the data subject's views.

Also, DPA's Resolution No. 4/2019 sets forth that data subjects have the right to request from the entity responsible for the database an explanation of the logic applied when the decisions are based solely on the automated processing of personal data and cause harmful effects or affect data subjects in a significant and negative way.

On artificial intelligence specifically:

  • Disposition No. 2/2023 of the Undersecretariat of Information Technologies of the Cabinet Chief approved the "Recommendations for a Reliable Artificial Intelligence." These Recommendations aim to guide and encourage the ethical and responsible use of AI and establish guidelines that cover the key stages of the development cycle of AI projects. The Recommendations are based on the "Recommendation on the Ethics of Artificial Intelligence" issued by UNESCO in November 2021, adopted by several countries, including Argentina. Their main objective is to provide guidance to the public sector in the management of AI projects. Following UNESCO's approach, the Recommendations consider the ethical aspects at each stage of the AI cycle, such as data design and modelling, verification and validation, implementation, and operation and maintenance. Although included guidelines and principles are non-binding and highly abstract, the importance of these Recommendations relies on the fact that they may constitute the basis for future and more specific regulations on AI.
  • Within the framework of the National Program for Transparency and Protection of Personal Data in the Use of AI, the DPA published the preliminary version of the "Guide for Public and Private Entities on Transparency and Protection of Personal Data for Responsible Artificial Intelligence" in September 2024. The main purpose of the Guide is to provide non-mandatory guidelines addressed to entities from the public and private sectors to incorporate transparency and protection of personal data in technological development projects that implement AI systems, ensuring the effective exercise of the rights of data subjects.
If such restrictions or requirements exist, are they subject to any exceptions?

Last reviewed: 2 December 2024

Yes

It is the responsibility of databases/controllers to demonstrate compelling legitimate grounds for the processing that override data subjects' interests or rights and fundamental freedoms.

Has the data privacy regulator issued guidance on data privacy and artificial intelligence, automated decision-making or profiling?

Last reviewed: 2 December 2024

Yes

The DPA has issued Resolution No. 161/2023, establishing the "Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence." The Program was created in consideration of the OECD's "Principles on Artificial Intelligence," the UNESCO's "Recommendations on the Ethics of Artificial Intelligence," and the Recommendations mentioned above (those approved by the Undersecretariat of Information Technologies of the Cabinet Chief). The general purpose of the program is to promote analysis, regulation and the strengthening of state capacities necessary to support the development and use of AI, guaranteeing the effective exercise of the rights of citizens in the transparency and protection of personal data. The program identifies specific objectives, such as investigating the implications of AI development from various perspectives (e.g., social, economic, and labor), generating knowledge to identify good practices, lessons learned, and recommendations in AI use, and promoting participatory processes for creating AI regulatory proposals.

Link to the Resolution here.

Further within the framework of the National Program for Transparency and Protection of Personal Data in the use of AI, the DPA published the preliminary version of the "Guide for Public and Private Entities on Transparency and Protection of Personal Data for Responsible Artificial Intelligence" in September 2024. The main purpose of the Guide is to provide non-mandatory guidelines addressed to entities from the public and private sectors to incorporate transparency and protection of personal data in technological development projects that implement AI systems, ensuring the effective exercise of the rights of data subjects.

Link to the preliminary version of the Guide here.

Has the data privacy regulator taken enforcement action in relation to artificial intelligence, including automated decision-making or profiling?

Last review date: 2 December 2024

☒         No enforcement activity to date

Do other (non-personal data or cybersecurity) laws or regulations impose restrictions on use of artificial intelligence, automated decision-making or profiling?

Last reviewed: 2 December 2024 

☒       Draft legislation in progress 

☒      Non-binding guidance or principles issued or in progress

Disposition No. 2/2023 of the Undersecretariat of Information Technologies of the Cabinet Chief approved the "Recommendations for a Reliable Artificial Intelligence." These Recommendations aim to guide and encourage the ethical and responsible use of AI and establish guidelines that cover the key stages of the development cycle of AI projects. The Recommendations are based on the "Recommendation on the Ethics of Artificial Intelligence" issued by UNESCO in November 2021, adopted by several countries, including Argentina. Their main objective is to provide guidance to the public sector in the management of AI projects. Following UNESCO's approach, the Recommendations consider ethical aspects at each stage of the AI cycle, such as data design and modelling, verification and validation, implementation, and operation and maintenance. Although the guidelines and principles are non-binding and highly abstract, the importance of these Recommendations relies on the fact that they may constitute the basis for future and more specific regulations on AI.

Link to the Disposition here

Further within the framework of the referred National Program for Transparency and Protection of Personal Data in the use of AI, the DPA published the preliminary version of the "Guide for Public and Private Entities on Transparency and Protection of Personal Data for Responsible Artificial Intelligence" on September 2024. The main purpose of the Guide is to set forth non-mandatory guidelines addressed to entities from the public and private sector to incorporate transparency and protection of personal data in those technological development projects that implement AI systems, ensuring the effective exercise of the rights of data subjects.

Link to the preliminary version of the Guide here.

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