Argentina - Responsible AI Use (3003-D-2024)

Overview

Expediente 3003-D-2024 (introduced 10 June 2024) proposes a national legal framework to ensure the responsible use of Artificial Intelligence across Argentina by establishing principles, obligations, risk categories, institutional responsibilities and enforcement measures. The draft embraces a risk-based approach that differentiates unacceptable, high, medium and low risk AI systems and requires pre-market evaluation and registration for higher-risk systems. It teams regulatory enforcement with technical oversight by designating the Instituto Nacional de Tecnología Industrial (INTI) as authority of application and foresees coordination with data protection authorities. The proposal also creates an expert advisory council to foster multidisciplinary review and public participation. The full parliamentary PDF text contains the operative articles and definitions. (www4.hcdn.gob.ar)

Definitions

The bill provides detailed definitions for terms central to regulation, including "Artificial Intelligence (IA)" (systems using computational techniques to perform tasks that mimic human intelligence, e.g. ML, perception, NLP), "AI system" (systems with autonomy producing outputs such as content, predictions, recommendations or decisions), "Responsible Use of AI" (ethical, transparent use respecting human rights), "Evaluation of Impact" (human-rights-focused DPIA-like process), "provider" and "user". These definitions align the regulatory trigger with actors who develop, place on the market, import, distribute or deploy AI in Argentine territory and include explicit recognition of groups of affected stakeholders. The statutory definitions are intended to delimit scope for obligations, registration and liability. (www4.hcdn.gob.ar)

Governance and Institutional Framework

The draft designates the INTI as the authority of application and supervisory body, empowered to issue administrative rules, certify compliance with the law's guiding principles, maintain registries, coordinate cross-agency action and apply sanctions. The authority must coordinate with data protection bodies (notably the Dirección Nacional de Protección de Datos Personales within the Agency for Access to Public Information) for incidents affecting personal data. The bill also creates a Council Asesor en I.A. under the Jefatura de Gabinete to provide multidisciplinary review, public participation and recommendations on ethical, social and legal impacts. The framework combines technical oversight (INTI) with advisory, participatory mechanisms (the Council) and inter-institutional cooperation requirements. (www4.hcdn.gob.ar)

Key Focus Areas

The bill concentrates on (1) a risk-based classification and prohibitions: it explicitly bans certain "unacceptable" uses (manipulative cognitive targeting of vulnerable groups, social scoring and most real-time biometric identification) while permitting narrow judicial exceptions; (2) mandatory human-rights impact assessments for AI projects and public disclosure of their results; (3) pre-market registration and evaluation for high-risk systems (including critical infrastructure, health-related inference, law enforcement tools, migration controls, education/employment decision systems, and biometric recognition); (4) obligations for providers and users to implement data minimization, traceability, explainability, monitoring and fail-safe mechanisms; (5) incident notification to affected individuals, the authority of application and the national data protection authority; and (6) educational programs and a regulatory sandbox model for supervised testing. These axes aim to protect fundamental rights, promote transparency and ensure technical robustness during the AI lifecycle. (www4.hcdn.gob.ar)

Implementation Framework

Operationalization includes mandatory documentation (impact assessments, test protocols, manuals of use, sources and training data documentation), prior authorization/registration for defined high-risk categories, continuous monitoring and post-deployment verification, and public registries for high- and medium-risk systems. The authority is empowered to issue implementing regulations, technical standards and certification mechanisms, and to require providers and users to report safeguards and technological mitigation measures before deployment. Inter-agency coordination with the Agency for Access to Public Information and other sectoral regulators is prescribed for areas where existing sectoral regulation applies (e.g., health, transport, energy). The bill also envisions the Council's role in advising on permits and public consultation processes. (www4.hcdn.gob.ar)

Monitoring and Evaluation

The proposal requires periodic verification and evaluation of AI systems, continuous improvement of testing protocols, public availability of impact assessments and records for systems classified as medium risk, and duties for providers and users to establish mechanisms for detection of anomalous behavior, incidents and bias. The authority is given powers to audit systems, request documentation, and order independent testing where needed. Education and outreach programs to improve public understanding and support user safeguards are explicitly mandated to support monitoring objectives. Incident reporting and coordination with the national data protection regulator ensure privacy-related harms are tracked and remediated. (www4.hcdn.gob.ar)

Penalties, Liability, and Appeals

The draft establishes administrative sanctions (fines scaled in Argentinos Oro from 1 to 1,000 set by criteria including gravity, recurrence and social impact), suspension or cancellation of authorization for high- and medium-risk systems, prohibitions on use and administrative processes with constitutional guarantees. It also creates a civil action for affected parties to claim compensation for direct harm, allowing indemnification independently of fault with judicial processes prescribed. Sanctioning criteria must consider proactive compliance, transparency and remedial measures taken by subjects. Appeal routes and judicial review are preserved. (www4.hcdn.gob.ar)

Relationship to Other Instruments

The bill explicitly cross-references Argentina's data protection law (Law 25.326) and mandates coordination with the Agency for Access to Public Information / Dirección Nacional de Protección de Datos Personales for privacy-related incidents. It provides that sectoral authorization regimes and pre-existing sectoral safety frameworks remain applicable where they already require prior authorization (e.g., medical devices, transportation). The law is designed as a horizontal, complementary instrument, not a sectoral replacement, and foresees harmonization with existing liability and administrative frameworks. (www4.hcdn.gob.ar)

International Alignment

The draft emphasizes international cooperation and aligns conceptually with global risk-based regulatory approaches (for example the EU AI Act's risk stratification and OECD/UN human-rights-oriented frameworks). It explicitly promotes collaboration on standards, capacity building and sandbox experiments with foreign partners and international organizations. The bill's provisions on transparency, impact assessments and prohibitions mirror international best practices while preserving domestic procedural requirements and the role of national authorities. (www4.hcdn.gob.ar)

Implementation Timeline

Sources and References