Source: Jurist

Jurist provides a critical commentary on the evolving legal landscape in Argentina, where the nation’s pioneering Personal Data Protection Law (Law No. 25.326) is being strained by the rise of generative AI. While Argentina was one of the first countries in the region to achieve "adequacy" status with European data protection standards, its year-2000 statute lacks specific provisions to handle the unique risks of AI training and automated profiling. The commentary argues that the current legal framework is "playing defense," struggling to regulate international tech firms that utilize extensive data scraping and biometric processing without explicit user consent. As a result, there is an urgent push for a comprehensive legislative update to restore individual digital autonomy.

The article discusses proposed reforms currently before the Argentine Congress, which aim to introduce mandatory impact assessments for AI systems and strengthen the powers of the Agency of Access to Public Information (AAIP). A key point of contention is the concept of "legitimate interest" as a legal basis for AI processing, which some experts argue is being interpreted too broadly by tech providers. The proposed changes would bring Argentina closer to the GDPR model, including the "right to an explanation" for automated decisions. This legal modernization is seen as essential for Argentina to maintain its status as a regional leader in privacy while fostering an innovation environment that respects the fundamental rights and ethical concerns of its citizens in the 2025 digital economy.