Personal Data Protection
Principles and measures aligned with Law No. 25.326.
How the laws define this
Both instruments agree that personal data protection when using or developing artificial intelligence must align with existing Argentine legal frameworks, specifically Law No. 25.326. They diverge, however, in the specific measures and operational scope they mandate. Under Resolución 161/2023 – Programa de Transparencia y Protección de Datos Personales en el uso de la Inteligencia Artificial (Agencia de Acceso a la Información Pública), protection is defined broadly as a system of principles, safeguards, and organizational or technical measures, which includes privacy-by-design, privacy impact assessment tools, and procedures to prevent misuse or unlawful processing in automated systems. By contrast, Resolución de Presidencia N° 206/2025 - Anexo I “Guía de Recomendaciones y Directrices para el Uso de Sistemas de Inteligencia Artificial (IA) en el Poder Judicial de la Ciudad Autónoma de Buenos Aires” focuses on direct compliance requirements within its judicial context, explicitly requiring the anonymization of sensitive information to ensure protection.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| Argentina | Resolution 161/2023 – Program for Transparency and Protection of Personal Data in the Use of Artificial Intelligence (Agency for Access to Public Information) | In Force | Adds AI-specific applications including privacy-by-design, privacy impact assessment tools, and procedures to prevent misuse or unlawful processing in automated systems. |
| City of Buenos Aires, Argentina | City of Buenos Aires Presidency Resolution No. 206/2025 - Annex I 'Guidelines for the Use of Artificial Intelligence (AI) Systems in the Judiciary of the Autonomous City of Buenos Aires' | In Force | Limits to judicial context in City of Buenos Aires, emphasizing anonymization of sensitive information while aligning with Law 25,326. |
What it triggers
- In Argentina, Resolution 161/2023 establishes transparency and data protection standards for public and private entities deploying artificial intelligence.source
Definitions (2)
The set of principles, safeguards and organizational/technical measures to protect personal data in accordance with Argentina's Law No. 25.326, applied to the development and use of AI; includes privacy-by-design, privacy impact assessment tools and procedures for preventing misuse or unlawful processing of personal data in automated systems.
Protection of personal data defined in line with existing Argentine legislation, particularly Law 25,326. The guidelines mandate strict adherence to these norms, requiring anonymization of sensitive information.
Not to be confused with
Focuses on AI applications in public administration and judicial use, while proteccion de datos personales covers general safeguarding through privacy, confidentiality, security, and consent.
Applies specifically to AI development and use with tailored measures like privacy-by-design, unlike the broader legal and technical measures for securing personal data.
Questions and answers
What AI-specific measures does Resolution 161/2023 require for personal data protection?
It includes privacy-by-design, privacy impact assessment tools, and procedures for preventing misuse or unlawful processing of personal data in automated systems. These apply to public and private entities using AI.
How does Resolution 206/2025 handle personal data in judicial AI?
It describes strict adherence to Law 25,326 with anonymization of sensitive information. The guidelines are for judicial personnel implementing AI ethically.
Does personal data protection in these instruments apply only to public entities?
Resolution 161/2023 covers both public and private entities deploying AI. Resolution 206/2025 is specific to the judiciary of the City of Buenos Aires.
Related Terms
Protección de datos personales
Safeguarding personal information through privacy, confidentiality, security, and informed consent....
data protection
Legal and technical measures to secure personal and sensitive data....
Personal Data Processing
Operations on personal data in connection with AI systems....
Data Privacy (AI Bill of Rights)
Protection from abusive data practices with user agency....
Sensitive educational data
Student/teacher personal data requiring heightened protection....