regulation · Effective Jan 1, 2025
AR regulates AI through Decreto 2726/2025 – Protocolo para la Adopción y Uso de Tecnologías de Inteligencia Artificial Generativa en la Administración Pública (Provincia de Santa Fe).
Decreto 2726/2025 – Protocolo para la Adopción y Uso de Tecnologías de Inteligencia Artificial Generativa en la Administración Pública (Provincia de Santa Fe) · effective 2025
Updated 60 days ago · 3 sources · confidence: medium
Overview
Argentina is progressively establishing a comprehensive framework for Artificial Intelligence (AI) governance, characterized by a human-centric and risk-based approach. The nation's strategy is to harness the transformative potential of AI for economic growth, public service modernization, and social inclusion, while simultaneously addressing the ethical, legal, and societal challenges posed by these technologies. This approach is rooted in a commitment to fundamental rights, transparency, and data protection, reflecting a proactive stance in a rapidly evolving technological landscape. While a single, overarching federal AI law is still under parliamentary review, a mosaic of national policies, decrees, and sector-specific regulations are already in force, laying the groundwork for a robust and adaptive regulatory ecosystem. The emphasis is on fostering responsible innovation, ensuring accountability, and maintaining meaningful human oversight in AI-driven processes. This multi-pronged strategy demonstrates Argentina's dedication to developing AI in a manner that is both technologically advanced and ethically sound, positioning the country in alignment with global best practices and international recommendations on trustworthy AI. Argentina's journey in AI regulation is marked by a blend of strategic planning, institutional capacity building, and legislative initiatives, aiming to create a balanced environment where AI can thrive under clear ethical and legal boundaries. The country recognizes the imperative of integrating AI into various sectors, from public administration to justice and security, but consistently underscores the non-negotiable importance of human agency and the protection of individual and collective rights. This foundational philosophy permeates through various governmental initiatives, from the establishment of interministerial coordination bodies to the development of specific guidelines for AI use in sensitive domains. The ongoing legislative debates and the continuous issuance of administrative resolutions highlight a dynamic and evolving regulatory landscape, reflecting a concerted effort to adapt legal and ethical frameworks to the complexities of AI development and deployment. This overarching commitment to responsible AI is a defining characteristic of Argentina's regulatory philosophy, aiming to build public trust and ensure that AI serves the broader societal good.The maturity level of Argentina's AI regulatory landscape is currently in a formative stage, characterized by a strong emphasis on foundational policy and the introduction of several key legislative proposals. The country has moved beyond initial conceptualization to actively developing institutional mechanisms and specific guidelines for AI deployment, particularly within the public sector. This includes the establishment of interministerial coordination bodies, the issuance of recommendations for trustworthy AI, and the initiation of programs aimed at building national capacity and talent in the field. The ongoing parliamentary review of several comprehensive AI bills signals a clear intent to move towards more binding and horizontally applicable legislation. These legislative efforts often adopt a risk-based classification, drawing inspiration from international models, to tailor regulatory obligations to the potential impact of AI systems on fundamental rights and public safety. While the ecosystem is still maturing and evolving, the consistent focus on ethical principles, data protection, and human oversight across various initiatives demonstrates a coherent and well-considered approach to AI governance. Argentina is actively engaged in learning from international experiences and adapting global best practices to its unique socio-economic and legal context, aiming to create a regulatory environment that is both innovative and protective. This adaptive and iterative approach allows for flexibility in responding to rapid technological advancements while ensuring that core ethical and legal considerations remain at the forefront of AI policy development.
Regulatory approach
Argentina's regulatory approach to AI is best described as a hybrid model, combining elements of horizontal policy guidance with emerging sector-specific rules, and a clear inclination towards a risk-based framework. At a national level, the foundational strategy, such as the Plan Nacional de Inteligencia Artificial (ArgenIA), provides a broad, non-binding roadmap emphasizing ethical principles, talent development, and infrastructure. This is complemented by initiatives like the Mesa Interministerial sobre Inteligencia Artificial, which fosters cross-sectoral coordination and the design of an integral national AI strategy for the Executive Branch. These overarching policies establish a common vision and guiding principles, promoting a coherent approach across different governmental bodies without imposing immediate, prescriptive legal obligations. The emphasis on soft law instruments, such as the "Recomendaciones para una Inteligencia Artificial Fiable" issued by the Subsecretariat of Information Technologies, aims to guide public sector teams in developing and procuring AI projects responsibly, focusing on human-centered design, risk mitigation, and transparency. This initial phase of regulatory development prioritizes awareness, capacity building, and the establishment of ethical foundations, setting the stage for more binding regulations as the technology matures and its impacts become clearer.However, alongside these horizontal soft-law initiatives, Argentina is also developing more binding and prescriptive rules, particularly through proposed legislation and sector-specific regulations. Several bills currently under parliamentary review, such as Expediente 3003-D-2024 and Expediente 1747/23, propose a tiered, risk-based approach to AI regulation, explicitly defining "unacceptable" and "high-risk" systems that would be subject to stringent requirements like mandatory registration, impact assessments, and prior authorization. These legislative proposals signal a move towards a more formal regulatory regime that would impose legal obligations on providers and deployers of AI systems. Furthermore, sector-specific regulations are emerging, particularly within the judicial and security sectors, illustrating a targeted application of AI governance principles. For instance, the Ministry of Security's Resolución 710/2024 creates a specialized unit for AI in security, outlining its functions and implicitly requiring alignment with existing legal frameworks for data protection and human rights. Similarly, various resolutions within the national and provincial judiciary (e.g., Resolución 1486/2025) establish guidelines for the responsible use of AI, emphasizing human oversight and data protection in judicial processes. This dual approach—combining broad policy guidance with targeted, increasingly binding regulations—reflects Argentina's adaptive strategy to AI governance, balancing innovation with the imperative to protect fundamental rights and public trust. The progressive shift towards a risk-based framework, with stricter controls for higher-impact AI systems, indicates a maturing regulatory landscape that is responsive to both technological advancements and societal concerns. Argentina's AI governance landscape is characterized by a multi-layered approach, involving various national bodies responsible for strategic coordination, policy development, and, in some cases, direct oversight and enforcement. The Jefatura de Gabinete de Ministros (Office of the Chief of Cabinet of Ministers) plays a central coordinating role, particularly through the Mesa Interministerial sobre Inteligencia Artificial, which is tasked with designing an integral national AI strategy. This high-level forum ensures that AI policy is aligned across different ministries and national objectives, fostering inter-agency cooperation and multi-stakeholder dialogue. The Secretaría de Innovación, Ciencia y Tecnología (formerly part of the Ministry of Science, Technology and Innovation, and now within the Jefatura de Gabinete) often presides over or co-coordinates these initiatives, leveraging its mandate to promote scientific and technological development. This Secretariat is crucial for driving the national digital agenda, including AI-related research, innovation, and capacity-building programs. Its role extends to proposing policies, training, and oversight measures, ensuring that the country's technological advancements are strategically guided and ethically sound. The Secretaría de Asuntos Estratégicos de la Presidencia also plays a significant part in identifying strategic opportunities and coordinating international engagement related to AI, ensuring that Argentina's AI policies are aligned with broader national development goals and global trends. These bodies primarily focus on policy formulation, strategic direction, and fostering an enabling environment for AI development, laying the groundwork for more specific regulatory and enforcement actions.For more direct regulatory oversight and enforcement, several specialized agencies and judicial bodies are designated or proposed to play critical roles. The Agencia de Acceso a la Información Pública (AAIP) is a key player, particularly through its "Programa de Transparencia y Protección de Datos Personales en el uso de la Inteligencia Artificial". The AAIP's mandate includes promoting algorithmic transparency and protecting personal data in AI systems, leveraging its existing powers under national data protection and access to information laws. It conducts diagnostics, develops good-practice guides, and establishes observatories and advisory councils to monitor and evaluate AI deployment. In the legislative proposals, the Instituto Nacional de Tecnología Industrial (INTI) is designated as a potential authority of application for a national AI legal regime, with powers to issue regulations, supervise compliance, maintain registries, and apply sanctions for responsible AI use. This highlights a potential shift towards a technical oversight body for AI systems. Within the judicial sector, the Consejo de la Magistratura de la Nación and the Ministerio Público Fiscal (MPF) are developing internal guidelines and programs for the responsible use of AI, emphasizing human oversight, data protection, and ethical principles in judicial and prosecutorial functions. These bodies are responsible for ensuring that AI tools assist, rather than replace, human judgment and decision-making within the justice system. Similarly, the Dirección General de Aduanas (DGA) and the Ministerio de Seguridad are establishing specialized units and committees to integrate AI into their operations for customs control and crime prevention, respectively, with mandates to align these applications with existing legal and ethical frameworks. These diverse institutional arrangements demonstrate Argentina's commitment to a multi-faceted governance approach, ensuring that AI development and deployment are guided by strategic vision, ethical considerations, and robust oversight mechanisms across various sectors.
Enforcement & penalties
Argentina's current framework for penalties and enforcement regarding AI regulations is still evolving, with a blend of existing administrative and disciplinary mechanisms, and proposed legislative measures that would introduce specific sanctions. For regulations currently in force, such as those governing AI use in public administration or judicial processes, non-compliance typically falls under existing administrative and disciplinary frameworks applicable to public servants or judicial personnel. For instance, the provincial "Protocolo para la Adopción y Uso de Tecnologías de Inteligencia Artificial Generativa en la Administración Pública (Provincia de Santa Fe)" explicitly mentions disciplinary liabilities for breaches, without prejudice to civil or criminal responsibility. Similarly, the "Directrices de uso de Inteligencia Artificial Generativa en la Administración Pública (Provincia de Buenos Aires)" contemplates enforcement through administrative/disciplinary mechanisms and applicable statutory regimes, rather than listing fine-by-fine sanctions within the guidelines themselves. This means that violations of AI-related guidelines in the public sector could lead to internal disciplinary actions, ranging from warnings to suspension or dismissal, depending on the severity of the breach and its impact. The absence of specific monetary fines or penalties directly tied to AI regulations in these existing instruments indicates a reliance on broader governmental accountability structures. Furthermore, the Agencia de Acceso a la Información Pública (AAIP), through its "Programa de Transparencia y Protección de Datos Personales en el uso de la Inteligencia Artificial", operates within its existing powers under national transparency and data protection laws to monitor, evaluate, and promote compliance. While the program itself does not create new sanctions, the AAIP has the authority to investigate and impose penalties for breaches of data protection law (Law No. 25.326), which would apply to AI systems processing personal data.Looking ahead, proposed legislation aims to introduce more specific and robust penalty regimes for AI-related non-compliance. Expediente 3003-D-2024, for example, proposes administrative sanctions including fines scaled in Argentinos Oro (up to 1,000), suspension or cancellation of authorization, prohibition of use, and civil liability provisions allowing affected persons to seek indemnification independently of fault. This bill also mandates incident notification obligations, including coordination with Argentina's data protection authorities, suggesting a multi-faceted enforcement approach. Similarly, Expediente 1747/23 contemplates administrative sanctions, corrective orders, and other penalties, leaving procedural details to implementing regulations, and grants the designated authority the power to require corrective measures, suspensions, or removals from the registry where risks are identified. In the criminal domain, Expediente 7225-D-2024 proposes amendments to the Criminal Code to introduce specific criminal penalties for the creation and dissemination of AI-generated sexual images (deepfakes), with penalties ranging from one to eight years, and aggravating circumstances for mass dissemination or involvement of minors. These legislative proposals indicate a clear trend towards establishing more direct and substantial penalties for AI-related harms, encompassing both administrative and criminal liabilities. The appeals processes for these sanctions would typically follow established administrative or judicial review procedures, ensuring due process and the right to challenge regulatory decisions or criminal convictions. The evolving nature of these enforcement mechanisms reflects Argentina's commitment to developing a comprehensive and effective system for ensuring accountability and deterring misuse in the rapidly expanding field of AI.
Data protection
Argentina's data protection framework, particularly Law No. 25.326 on the Protection of Personal Data, forms the bedrock for regulating AI systems that process personal information. This law, in force since 2000, establishes fundamental principles for data collection, storage, processing, and transfer, including requirements for informed consent, purpose limitation, data quality, and security measures. It grants individuals rights of access, rectification, cancellation, and opposition regarding their personal data. The Agencia de Acceso a la Información Pública (AAIP) serves as the national data protection authority, responsible for enforcing Law 25.326 and issuing complementary regulations and guidelines. The AAIP's "Programa de Transparencia y Protección de Datos Personales en el uso de la Inteligencia Artificial" explicitly aims to integrate data protection principles into AI development and deployment, emphasizing privacy-by-design, data minimization, and algorithmic transparency. This program underscores the importance of conducting privacy impact assessments for AI systems and ensuring that individuals are informed when their data is processed by automated decision-making systems. The existing legal framework, while predating the widespread adoption of AI, provides a robust foundation for addressing privacy concerns in AI applications, particularly through its emphasis on consent and data subject rights. The ongoing efforts to update and adapt this framework, including through legislative proposals, aim to strengthen these protections in the context of advanced AI technologies.Many of the AI-specific regulations and bills in Argentina explicitly reference and build upon the existing data protection law, demonstrating a consistent commitment to safeguarding privacy. For instance, the proposed "Régimen jurídico aplicable para el uso responsable de la Inteligencia Artificial" (Expediente 3003-D-2024) mandates compliance with Law 25.326 and requires data minimization, traceability, and explainability measures for AI systems. It also specifies incident notification obligations, including coordination with the national data protection authority for incidents affecting personal data. Similarly, the "Directrices de uso de Inteligencia Artificial Generativa en la Administración Pública de la Provincia de Buenos Aires" emphasizes strict adherence to data protection and confidentiality, prohibiting the input of confidential, sensitive, or personal data into third-party generative AI systems unless anonymized and legally permitted. The "Protocolo para la Adopción y Uso de Tecnologías de Inteligencia Artificial Generativa en la Administración Pública (Provincia de Santa Fe)" also highlights data protection through minimization and anonymization before using non-institutional AI tools. These provisions reflect a clear understanding that AI systems, especially those processing large datasets, pose significant privacy risks that must be addressed through robust data governance. While there are no explicit data localization requirements specifically for AI data, the general principles of Law 25.326 regarding international data transfers would apply, requiring adequate levels of protection in recipient countries. The ongoing legislative efforts and the AAIP's programmatic initiatives demonstrate a continuous effort to strengthen Argentina's data protection framework in the face of evolving AI technologies, ensuring that privacy and data security remain central to AI governance.
Sector-specific rules
Argentina is developing sector-specific rules for AI, particularly in areas with high societal impact such as the judiciary, public security, and education, reflecting a pragmatic approach to addressing immediate challenges and opportunities. In the judicial sector, several regulations and bills are emerging at both national and provincial levels. For instance, the national Resolución 1486/2025 approves the implementation of a virtual assistant with AI in the National Judiciary's case management portal, emphasizing human oversight, data minimization, and confidentiality during its pilot phase. This initiative aims to improve access to information for external users while ensuring that AI acts as a supportive tool rather than a replacement for human judgment. Similarly, Resolución PGN 14/25 creates an AI Program within the Ministerio Público Fiscal (Public Prosecutor's Office) to optimize internal processes and strengthen prosecutorial functions, explicitly addressing risks like opacity, bias, and data protection. These judicial initiatives consistently underscore the principle that AI outputs are non-binding proposals requiring explicit validation by trained human agents, thereby preserving the integrity of legal analysis and decision-making. Provincial judicial protocols, such as the "Protocol for the Judicial Use of Artificial Intelligence in San Luis Province", further illustrate this trend, outlining phased implementation, comprehensive training, and continuous monitoring to ensure ethical and responsible AI deployment in court systems. These sector-specific rules are crucial for adapting general AI principles to the unique requirements and sensitivities of the justice system, where fairness, due process, and human rights are paramount.In the public security sector, Resolución 710/2024 by the Ministry of Security establishes the Unidad de Inteligencia Artificial Aplicada a la Seguridad (UIAAS) (Unit for AI Applied to Security). This unit is mandated to apply AI for crime prevention, detection, investigation, and prosecution, encompassing a broad range of functions from social media patrolling and facial recognition to predictive analytics and drone surveillance. While the resolution provides a formal institutional locus for AI-driven security operations, it implicitly requires alignment with existing legal frameworks for criminal procedure, data protection, and fundamental rights, acknowledging the rights-sensitive nature of these applications. This indicates a recognition of the need for additional safeguards and protocols to ensure proportionality, transparency, and accountability in the use of AI in law enforcement. Similarly, the Dirección General de Aduanas (DGA), through Resolución 16/2024, created an Innovation Committee to explore AI applications for customs tasks, aiming to enhance efficiency and fraud detection while aligning with international customs modernization efforts. In the education sector, Expediente 2504-D-2023, a bill currently under review, proposes a national legal framework for AI use in all levels of education. This bill aims to leverage AI's educational benefits while mitigating risks related to privacy, discrimination, and transparency, mandating informed consent for data processing and periodic evaluations of AI systems for educational adequacy and bias. These sector-specific initiatives demonstrate a targeted and adaptive approach to AI governance, addressing the unique challenges and opportunities presented by AI in different domains while striving to uphold core ethical principles and legal protections.
International alignment
Argentina's approach to AI regulation is significantly influenced by and increasingly aligning with international frameworks and best practices, demonstrating a commitment to global cooperation and the adoption of commonly accepted principles for trustworthy AI. Several national policies and legislative proposals explicitly reference and draw inspiration from prominent international instruments. The Plan Nacional de Inteligencia Artificial (ArgenIA), Argentina's foundational AI strategy, incorporates ethical and regulatory considerations that resonate with global discussions on responsible AI. More directly, Decisión Administrativa 750/2023, which established the Mesa Interministerial sobre Inteligencia Artificial, explicitly aims to align AI adoption with ethical principles and sustainable development goals, reflecting a broader commitment to international norms. Argentina's adhesion to the Global Partnership on Artificial Intelligence (GPAI) further underscores its intent to participate in multilateral efforts to guide the responsible development and use of AI, signaling a dedication to shared values and collaborative problem-solving on a global scale. This international engagement is crucial for ensuring that Argentina's domestic AI policies are interoperable and consistent with global standards, facilitating cross-border data flows and technological collaboration while upholding ethical safeguards.Specific international influences are evident in various regulatory documents and legislative bills. The OECD Principles on AI and UNESCO's Recommendation on the Ethics of AI are frequently cited as guiding principles in Argentine AI policy. For instance, Resolución 161/2023 by the AAIP, which created the Program for Transparency and Personal Data Protection in the Use of AI, explicitly references these international soft-law instruments to inform its objectives and activities. Similarly, legislative proposals like Expediente 3003-D-2024 and Expediente 1747/23, which propose comprehensive AI legal frameworks, adopt a risk-based approach inspired by international regulatory models, notably the European risk-tier approach as seen in the EU AI Act proposals. These bills define risk categories (unacceptable, high, limited, minimal) and impose graduated obligations, mirroring the EU's emphasis on proportionality and targeted regulation for higher-risk AI systems. The proposed criminal code amendments in Expediente 7225-D-2024 to address AI-generated sexual images also align with international efforts to combat online harms and protect fundamental rights in the digital space. Furthermore, sector-specific initiatives, such as the Dirección General de Aduanas' Innovation Committee, explicitly reference international guidance from the World Customs Organization (WCO), particularly its BACUDA project, to promote data-driven customs modernization. This consistent referencing and integration of international standards across various Argentine AI initiatives highlight a strategic effort to ensure that the country's AI governance framework is robust, globally compatible, and reflective of a shared understanding of ethical and responsible AI development. The ongoing dialogue and collaboration with international bodies are central to Argentina's strategy for navigating the complexities of AI governance and ensuring that its policies contribute to a trustworthy global AI ecosystem.
What's next
Argentina's AI regulatory landscape is poised for significant future developments, with several key legislative proposals currently under parliamentary review that could introduce a more comprehensive and binding legal framework. The most impactful of these are Expediente 3003-D-2024 – Régimen jurídico aplicable para el uso responsable de la Inteligencia Artificial and Expediente 1747/23 – Proyecto de Ley para controlar desarrollo, implementación y utilización de sistemas basados en IA. Both bills propose a national legal regime for responsible AI use, adopting a tiered, risk-based approach with prohibitions on unacceptable uses (e.g., manipulative cognitive targeting, social scoring, most real-time biometric identification) and stringent requirements for high-risk systems (e.g., mandatory registration, human rights impact assessments, prior authorization). If enacted, these laws would significantly shift Argentina's regulatory stance from predominantly soft law and policy guidance to a more prescriptive and enforceable framework, imposing clear legal obligations on AI providers and deployers. The designation of a specific authority of application, such as the INTI proposed in Expediente 3003-D-2024, would centralize oversight and enforcement, leading to a more structured regulatory environment. These legislative efforts are indicative of a national commitment to establishing robust legal safeguards for AI, reflecting a maturing understanding of the technology's potential impacts and the need for comprehensive governance. The ongoing debates and potential amendments to these bills will shape the final contours of Argentina's federal AI law, but the direction towards a risk-based, human-centric, and rights-protective approach is clear.Beyond these overarching AI bills, future developments are also expected in sector-specific regulations and institutional capacity building. Expediente 2505-D-2023 – Investigación, desarrollo y uso de la Inteligencia Artificial also proposes a comprehensive framework for AI, focusing on human rights, privacy, and public safety, with mandatory AI impact assessments and risk classification. The integration of AI into the educational sector is also being addressed through Expediente 2504-D-2023 – Uso de la Inteligencia Artificial en la Educación, which aims to regulate AI use in all educational levels, mandating informed consent for data processing and periodic evaluations of AI systems for bias. These bills, if passed, would introduce specific rules and oversight mechanisms tailored to the unique contexts of research, development, and education. Furthermore, the ongoing work of the Mesa Interministerial sobre Inteligencia Artificial and the Programa de Inteligencia Artificial within the Secretaría de Asuntos Estratégicos is expected to continue generating strategic policy recommendations and fostering inter-agency coordination, which could lead to further administrative decrees and guidelines. The proposed Observatorio Federal sobre Inteligencia Artificial (OFIA) (Expediente 3900-D-2024) would, if established, become a central coordinating body for public policy on AI, informing regulators, supporting risk assessment, and aligning domestic policymaking with international norms through systematic reports and public dissemination of information. These initiatives collectively point towards a dynamic and evolving regulatory landscape in Argentina, characterized by a continuous effort to adapt legal and ethical frameworks to the rapid advancements in AI technology, ensuring that future developments are guided by principles of responsibility, transparency, and the protection of fundamental rights.
regulation · Effective Jan 1, 2025
data_protection
Guarantees and supervises the right of access to public information and the protection of personal data.
enforcement
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advisory
Coordinates national ministries, assists the President with administration and budget, supervises national policies.
data_protection
Defends the general interests of society; investigates and prosecutes crimes.
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guideline · Effective Jan 1, 2023
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strategy · Effective n/a
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policy · Effective n/a
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regulation · Effective n/a
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policy · Effective Jan 1, 2023
central_coordinator
Applies, collects, and controls taxes under the Argentine Customs Code; regulates import and export transactions.
data_protection
Responsible for national security, crime prevention, detection, investigation, and prosecution.
advisory
Promotes scientific and technological development; drives national digital agenda.
advisory
Identifies strategic opportunities for national development; coordinates international engagement.
data_protection
Selects, controls, and administers federal and national judges; administers the National Judiciary.
advisory
Responsible for national education policy, planning, and oversight across all levels.
Sep 26, 2024 · news
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