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In brief

On 2 June 2023, Disposition 2/2023 of the Undersecretariat of Information Technologies of the Cabinet Chief was published in the official gazette, approving the “Recommendations for a Reliable Artificial Intelligence” (“Disposition” and “Recommendations”, respectively).


In focus

Aimed at guiding and encouraging the ethical and responsible use of artificial intelligence (AI), the Disposition establishes guidelines that cover the key stages of the development cycle of AI projects.

The Recommendations are based on the Recommendation on the Ethics of Artificial Intelligence issued by UNESCO in November 2021, adopted by several countries, including Argentina. Its main objective is to provide guidance to the public sector in the management of AI projects.

Following UNESCO’s approach, the Recommendations consider ethical aspects at each stage of the AI cycle, such as data design and modelling, verification and validation, implementation and operation and maintenance.

In terms of responsibility, it provides that only individuals are to be held responsible for the actions of AI, as AI acts only in response to human requests, without having any intent of its own.

Although its guidelines and principles are nonbinding and highly abstract, the importance of these Recommendations relies in the fact that they may constitute the basis for future and more specific regulations on AI.

Click here to access the Spanish version.

Author

Guillermo Cervio is a partner in Baker McKenzie’s Buenos Aires office. With more than 30 years of experience, he is recognized as a foremost practitioner in his field. He founded the IT/C team in Argentina and was the coordinator of the LatAm IT/C team from 2008 to 2017. He is currently a member of the Steering Committee of Baker McKenzie LatAm’s IPTC team.
Guillermo has authored books and articles on legal matters. He has won awards for his book “Derecho de las Telecomunicaciones” (National Academy of Law - Mención de honor, 1998, and Austral University - premio tesina,1997) as well as for the paper he filed in the IX National Congress on Corporate Law (Tucumán, 2004). He has been a professor at the University of Buenos Aires, Austral University, Palermo University, Catholic University and CEMA. In 2003, he was awarded the Folsom fellowship grant by the Center for American and International Law in Dallas.

Author

Martín Roth is a partner in the M&A, Real Estate and TMT practice groups in Baker McKenzie's Buenos Aires office. Martín has more than 13 years of extensive transactional domestic and international experience, focusing on the real estate and TMT industries. Prior to joining Baker McKenzie, he worked as a trainee lawyer on the Corporate, Banking/Finance and Litigation areas with a local law firm in Argentina. From 2007 to 2012, he worked in Baker McKenzie's Buenos Aires office. From 2013 to 2016, he worked as an independent attorney at another law firm. Martín rejoined the Buenos Aires office in 2016 and was named partner in July 2019.

Author

Valentina Biondi Grane is an Associate in Baker McKenzie, Buenos Aires office.

Author

Agustin Gastaldi is a Senior Paralegal in Baker McKenzie, Buenos Aires office.

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