The Agency of Access to Public Information (“AAIP”) issued Resolution Nº 161/2023 (the “Resolution”), published in the Official Gazette on 09/04/2023, whereby the Program of Transparency and Protection of Personal Data in the use of Artificial Intelligence was created (the “Program”).
The Program is set forth with the purpose of promoting processes for the analysis, regulation and strengthening of the necessary state capacity to support the development and use of artificial intelligence, both in the public and private sectors, guaranteeing the effective exercise of the citizenship’s rights on transparency and protection of personal data, in line with the “Principles of the OECD on Artificial Intelligence”, as well as the “Recommendation on Ethics of Artificial Intelligence” adopted by the UNESCO.
The Resolution provides that the organizational structure of the Program will be under the scope of the National Bureau for the Evaluation of Transparency Policies and of the National Bureau for the Protection of Personal Data, and sets forth the following guidelines:
- General Purpose
It acknowledges as general purpose, to promote processes for the analysis, regulation and strengthening of the necessary state capacity to support the development and use of artificial intelligence (AI), both in the public and private sectors, guaranteeing the effective exercise of the citizenship’s rights on transparency and protection of personal data.
- Specific purposes
It sets forth as specific purposes:
ü To inquire on the social, economic, labor, cultural and environmental implications of the AI development in Argentina;
ü To analyze the state of affairs regarding the use of AI in the national Public-Sector organizations; To generate knowledge that allows to identify good practices, learning and recommendations on transparency, algorithmic transparency and personal data protection in the use of AI;
ü To carry out strengthening actions for institutional capacities of key players in the implementation pf AI on transparency and personal data protection;
ü Promote participation processes for the generation of AI regulatory proposals in the country, in coordination with other governmental entities competent on the subject.
- Components and activities
The Program provides for three components, with the following courses of action:
- Artificial intelligence observatory
- Mapping of key players involved in the issue (either governmental and non-governmental);
- Follow up of regional and global progress on the regulation of technological developments based on AI;
- Preparation of statistics;
- Preparation of periodical reports on the issue.
- Governance and social participation
- Institutionalization of a Multidisciplinary Advisory Council with experts on the subject;
- Generation of consensus and coordination of sector policies;
- Interaction of the Agency of Access to Public Information (“AAIP”) with governmental entities of technological and legal governance on the issue;
- Participatory development of regulatory strategies to address the violation of rights and prevent negative impacts of the AI use;
- Coordination with other governmental entities competent on the subject.
- Strengthening of capacities in Transparency and Personal Data Protection in the use of AI
- Creation of good practices guidelines for public and private entities on transparency and personal data protection in the use of AI;
- Training and technical assistance on transparency and personal data protection in the use of AI;
- Awareness-raising, media and informational literacy campaigns;
- Documentation of the Automated Decision Systems (SDA);
- Publication of the transparency criteria in the Transparency National Portal.
By means of the Program, the AAIP seeks to go along with the growth of Artificial Intelligence integration processes as regards technological solutions in multiple sectors, and in turn it specially focuses on the possible social, economic, cultural and environmental risks that must be analyzed and treated to avoid biases and discriminations.
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