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Argentina: New program promotes transparency and protection of personal data in the use of AI

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In brief

Through Resolution No. 161/2023, published in the official gazette on 4 September 2023, the Agency for Access to Public Information (AAIP for its acronyms in Spanish) created the Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence (“Program“) and entrusted its execution, monitoring and evaluation to the National Directorates of Evaluation of Transparency Policies and Protection of Personal Data.

In focus

The Program was created with the OECD’s Principles on Artificial Intelligence, UNESCO’s Recommendations on the Ethics of Artificial Intelligence and the recently issued Recommendations for a Reliable Artificial Intelligence in mind.

In general, it aims to promote and reinforce analysis, regulation and state capacities necessary to accompany the development and use of AI, guaranteeing the effective exercise of the rights of citizens in terms of transparency and protection of their personal data.

It has the following specific purposes:

  1. Investigate the implications of the development of AI from different standpoints (e.g., social, economic and labor)
  2. Generate good practices, lessons and recommendations in the use of AI
  3. Promote participatory processes for the creation of AI regulatory proposals

The Program includes three essential components:

  1. AI Observatory
  2. Governance and social participation
  3. Strengthened capacities in transparency and protection of personal data in the use of AI

Spanish version

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Thank you to Agustin Gastaldi, Paralegal, for his contribution to this alert.

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Author

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.

Author

Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee lawyer on the Corporate, Banking/Finance and Litigation areas with a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie's Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martín rejoined the Buenos Aires office in 2016 and was named partner in July 2019.

Author

Valentina Biondi Grane is an Associate in Baker McKenzie, Buenos Aires office.

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