Argentina - Provincial AI Regulations

Argentina - State AI Legislation Summary

Argentina

RAI-AR-ST-SUMMARY-2026
Governance and OversightData Protection and Privacy
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Argentine provinces are actively regulating AI, with Buenos Aires, Jujuy, Río Negro, and San Juan leading the way. Regulations primarily focus on ethical use, human oversight, and data protection within public and judicial sectors, in the absence of a national framework.

Overview

In the absence of a comprehensive federal regulatory framework for Artificial Intelligence (AI), several Argentine provinces have taken proactive steps to establish their own guidelines and protocols. This emerging landscape demonstrates a decentralized but concerted effort to address the challenges and opportunities presented by AI technologies. The provincial initiatives primarily focus on ensuring the ethical, responsible, and transparent use of AI within their respective public administrations, with a notable concentration of regulations within the judicial branches.

As of early 2026, four provinces—Buenos Aires, Jujuy, Río Negro, and San Juan—have implemented specific AI regulations. These regulations reflect a shared understanding of the need to balance technological innovation with the protection of fundamental rights, data privacy, and human oversight. The provincial efforts aim to create controlled environments for AI deployment, particularly in areas affecting public services and legal processes.

Regulatory Approach

The regulatory approach across Argentine provinces varies in scope but shares common foundational principles. Most provincial regulations, particularly in Jujuy, Río Negro, and San Juan, take the form of guidelines or protocols specifically tailored for the judicial sector. These documents aim to integrate AI tools to enhance efficiency while maintaining human control and ethical standards in judicial proceedings.

In contrast, the Province of Buenos Aires has adopted a more comprehensive and mandatory framework that extends across its entire public administration. This pioneering approach includes a risk-based classification system for AI applications, setting a precedent for broader governmental AI governance. While the judicial protocols tend to be prescriptive regarding the use of AI tools, the Buenos Aires framework is more expansive, covering the development, implementation, and responsible use of AI systems across various governmental functions.

Key State Legislation

  • Buenos Aires Province Generative AI Guidelines (Resolution 9/2025): Issued by the Undersecretariat of Digital Government within the Ministry of Government, this resolution establishes a comprehensive and mandatory set of rules for the development, implementation, and responsible use of AI systems across the provincial public administration. It introduces a risk-based approach, classifying AI systems into categories such as unacceptable, high, limited, and null risk, with specific requirements for each.
  • Protocolo para el uso de la Inteligencia Artificial en el Poder Judicial de Jujuy (Acordada N° 31/2025): Approved by the Supreme Court of Justice of Jujuy, this protocol establishes a framework for the responsible use of AI by judicial personnel. It also led to the creation of an "Inlab" (Laboratorio de Innovación Judicial) to evaluate AI's impact, propose improvements, and oversee AI projects within the judiciary.
  • Protocolo de Buenas Prácticas para el uso de Inteligencia Artificial Generativa (Río Negro) (Acordada N° 15/2024): Approved by the Superior Tribunal de Justicia of Río Negro, this protocol provides comprehensive guidelines for the ethical and responsible use of generative AI by judicial personnel and experts. It emphasizes human control, data protection, and continuous training.
  • San Juan AI Judicial Protocol (Acuerdo General N° 88/2025 and N° 102/2024): Established by the Court of Justice of the Province of San Juan, this protocol provides a regulatory framework for the ethical and technical implementation of AI, notably through the "JusticIA" platform. This platform aims to streamline administrative and jurisdictional tasks, incorporating features like data anonymization and document summarization.

Enforcement Bodies

The enforcement and oversight of AI regulations at the provincial level are typically vested in specialized departments or the highest courts within the respective jurisdictions. In the Province of Buenos Aires, the Undersecretariat of Digital Government, specifically through its Provincial Directorate of Digital Innovation, is responsible for issuing complementary guidelines, supervising compliance, and continuously monitoring the implementation of its AI framework.

For provinces like Jujuy, Río Negro, and San Juan, the Supreme Courts or Superior Tribunals of Justice play a central role in overseeing the adherence to AI protocols within their judicial branches. Bodies such as Jujuy's "Inlab" (Laboratorio de Innovación Judicial) and Río Negro's Committee for the Computerization of Judicial Management are instrumental in evaluating AI's effectiveness, ensuring ethical use, and managing the authorization of AI projects.

Penalties & Enforcement

While specific punitive "penalties" for non-compliance with these provincial AI guidelines are not always explicitly detailed in the publicly available information, the regulatory frameworks emphasize mandatory adherence and accountability. The Buenos Aires Resolution 9/2025, for instance, explicitly prohibits the use of AI systems deemed to pose an "unacceptable risk," indicating a strong stance against certain applications.

Enforcement mechanisms generally revolve around ensuring human oversight, mandatory training, and adherence to established ethical principles and data protection standards. Any breaches or misuse of AI by public or judicial personnel would likely be addressed through existing administrative disciplinary procedures or broader legal frameworks governing public service conduct and data protection. The emphasis is on prevention, responsible deployment, and continuous evaluation to mitigate risks rather than solely on post-facto punishment.

Sector Focus Areas

The primary sector focus for AI regulations at the provincial level in Argentina has been the judicial sector. Provinces such as Jujuy, Río Negro, and San Juan have specifically developed protocols and platforms to integrate AI into their judicial processes. The aim is to enhance efficiency in tasks like document summarization, audio and video transcription, data anonymization, and legal research, while ensuring ethical considerations, human control, and data privacy are maintained.

The Province of Buenos Aires, however, has adopted a broader scope, extending its AI regulatory framework to cover all public administration. This includes general governmental functions beyond the judiciary, seeking to govern the development, implementation, and use of AI systems across its various agencies and departments. This wider focus aims to ensure responsible AI integration in diverse public services, setting a precedent for comprehensive governmental AI governance at the sub-national level.

National/Federal Alignment

Provincial AI laws in Argentina are largely emerging in a landscape where a comprehensive national AI law is still under debate and development. While the federal government has issued "Recommendations for Reliable Artificial Intelligence" (Provision 2/2023) and established a "Transparency and Protection of Personal Data in the Use of Artificial Intelligence Program" (Resolution 161/2023), these are generally non-binding guidelines for the national public service. Several legislative proposals are currently being considered in the National Congress, aiming to establish a broader federal framework, address data protection in AI, or create an oversight committee.

The provincial initiatives, therefore, act as pioneering efforts to fill this regulatory void. Many provincial regulations, particularly that of Buenos Aires, explicitly align with international standards and ethical principles from organizations like the OECD, UNESCO, and the European Union's AI Act. This alignment suggests a common understanding of global best practices. However, there is a potential for divergence or even "clashes" between provincial regulatory approaches and the federal government's stated preference for less regulation to foster investment, which could lead to future legal and policy challenges.

Notable Provisions

  • Risk-Based Classification and Provincial Registry (Buenos Aires): The Buenos Aires Resolution 9/2025 stands out for its comprehensive, mandatory framework that includes a classification of AI systems by risk level (unacceptable, high, limited, or null). It explicitly prohibits AI systems posing an "unacceptable risk," such as those manipulating behavior through subliminal techniques or exploiting vulnerabilities. Furthermore, it mandates the creation of a Provincial Registry of Artificial Intelligence Systems, requiring all public entities to register any AI system they develop or use.
  • Judicial Innovation Laboratories (Jujuy): The creation of the "Inlab" (Laboratorio de Innovación Judicial) in Jujuy is a pioneering institutional mechanism. Its purpose is to continuously evaluate the impact and effectiveness of AI, propose improvements, and oversee the development and implementation of AI projects within the judicial branch, fostering ongoing adaptation and responsible innovation.
  • "JusticIA" Platform (San Juan): San Juan's implementation of the dedicated "JusticIA" platform for judicial operators is a notable technological provision. This platform offers specific functionalities designed to enhance judicial efficiency, including the anonymization of sensitive data, transcription of audio and video, assistance for document summarization and analysis, and translation of legal texts into plain language.
  • Mandatory Human Oversight and Training: A common and crucial provision across all provincial regulations is the explicit requirement for human oversight and control over AI-generated outputs. Decisions must remain with human agents, and mandatory training programs are instituted to ensure that personnel understand AI functionalities, limitations, and ethical implications.

Future Developments

The landscape of state-level AI regulation in Argentina is expected to continue evolving rapidly. Existing protocols and guidelines are likely to undergo continuous refinement and updates to keep pace with technological advancements and emerging best practices. The success and challenges encountered in the pioneering provinces, particularly Buenos Aires with its broader regulatory scope, may influence other provinces to develop their own frameworks, potentially leading to a more widespread adoption of AI governance at the sub-national level.

A significant future development will be the interaction between these burgeoning provincial regulations and any eventual comprehensive federal AI law. The ongoing debate at the national level, including various legislative proposals in Congress, suggests that a federal framework may emerge. This could lead to a need for harmonization or, conversely, create areas of divergence between national and provincial mandates, particularly if the federal approach differs significantly in philosophy or scope from the risk-based and rights-focused provincial initiatives. Continued emphasis on training, ethical considerations, and the practical application of AI for public and judicial efficiency is also anticipated.

State Regulations

StateTitleTypeStatusYear
Buenos AiresBuenos Aires Province Generative AI GuidelinesGuidelineIn Force2025
JujuyProtocolo para el uso de la Inteligencia Artificial en el Poder Judicial de JujuyGuidelineIn Force2025
Río NegroProtocolo de Buenas Prácticas para el uso de Inteligencia Artificial GenerativaGuidelineIn Force2024
San JuanSan Juan AI Judicial ProtocolRegulationIn Force2024

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