Introduction
The world is currently going through what we call the fourth industrial revolution, in which artificial intelligence (AI) stands out as a technology with the potential for impact that, in one way or another, is having a broad effect on society: the way we produce, trade, consume, interact and work.
- Regulatory framework in the Argentine Republic.
Broadly speaking, there are no rules that comprehensively and specifically regulate the problems generated by artificial intelligence and, for the time being, we must resort to analogous legal institutions.
At present, our country does not have specific legislation regulating artificial intelligence. Beyond certain provisions aimed at studying and developing proposals for regulatory frameworks or at promoting good practices in terms of AI, the matter has not been specifically regulated.
In December 2020, the National Senate approved the Knowledge Economy Law (Law No. 27,570), which aims, among other things, to promote the research, creation, design, production and development of disruptive technologies such as artificial intelligence. [1]
However, the truth is that our country needs up-to-date legislation on data protection in order to create a solid regulatory framework, since, in light of the great progress of artificial intelligence, our current rules are outdated; for example, Personal Data Protection Law No. 25,326 was enacted in 2000.
- Debates on its regulation.
Artificial intelligence is not just a technological issue. The question of how these developments can improve or complicate people’s lives is increasingly being asked. That is why there are several debates on the regulation of artificial intelligence in Argentina, including:
a. Regulation of data privacy: In this regard, many experts argue that regulations are needed to ensure that personal data is not used inappropriately and that companies adequately protect their consumers’ data. This debate is growing, as artificial intelligence expands every day.
b. Regulation of civil liability: There are also those who emphasize the need for regulation in order to determine liability. On the one hand, some argue that companies that develop and use artificial intelligence should be liable for any damage it may cause. Others, however, argue that it operates autonomously and that there should therefore be specific regulation for these cases.
c. Training and education: They highlight the importance of efficient regulation of artificial intelligence as applied within companies. Companies should provide education and training to their employees, not only to those who work directly with the technology but also to those who may be affected by its use.
Likewise, companies must be transparent in its use. They should clearly explain how decisions are made in order to give their users greater confidence and prevent the misuse of artificial intelligence from causing them harm.
- Legaltech in Argentina.
Technology applied to the marketing and provision of legal services has a very significant reach in our country. Startups are very useful for automating judicial processes, answering legal queries and even filing claims online.
In 2017, Prometea was launched: an artificial intelligence system jointly developed by the Public Prosecutor’s Office of the Autonomous City of Buenos Aires and the School of Law of the University of Buenos Aires, with the aim of speeding up justice and allowing a better use of resources. In particular, this innovative tool consists of a software system whose main purpose is the automation of repetitive tasks. The use of this system has allowed the Prosecutor’s Office to significantly increase the efficiency of its processes. [2].
This system sparked debate as to whether it could eventually replace judicial opinions. The truth is that it cannot. Although it can offer recommendations or suggestions on legal decisions, it is ultimately the judge or magistrate who must make the final decision based on his or her legal judgment and experience. This system is just a useful tool to assist in the decision-making process.
Another important development is the launch of LegisAPP Lite, an application available in our country with tools to acquire and/or generate contracts online without going through a lawyer. In other words, software that, through question-and-answer systems, obtains the information needed to provide clients with contracts tailored to their needs.[3]
- Comparative law on artificial intelligence (Latin America).
Both in Argentina and globally, there is a general understanding of the importance of approaching the development of artificial intelligence in a comprehensive and coordinated manner in order to take advantage of the opportunities it presents for different sectors. The progress made in this field in various Latin American countries is detailed below.[4]
Uruguay
It is the country that has gone furthest in the region and ranks forty-fourth in the world in developing artificial intelligence (Oxford Insights, 2020). Uruguay has a Data Protection Law which, in its Article 16, provides that citizens may object to automated decisions.
Colombia
In 2020, the Ethical Guide for the Application of Artificial Intelligence in the Public and Private Sectors was created. The “Ethical Framework for Artificial Intelligence in Colombia” is a document with principles and tools for developing artificial intelligence. According to the Oxford Insights ranking, the country ranks third in the region.
Mexico
Most Mexican data protection laws provide for four general rights, known as “ARCO” (access, rectification, cancellation and objection). The Mexican federal data protection law (Mexico, 2010) does not provide a clear right for citizens to object to the processing of their data.
Brazil
This country has an artificial intelligence strategy designed by the Ministry of Science, Technology and Innovation, called the “Brazilian Artificial Intelligence Strategy”. It ranks sixth among the best countries in AI in the region, but it has the lowest transparency score in the responsible use ranking (Oxford Insights, 2020).
Chile
In 2020, Chile launched a public consultation process to gather the perceptions and questions of social and civil organizations, academia, the productive sector and citizens in general regarding the use and development of AI in the country. Data protection against artificial intelligence decisions is not yet regulated. However, there are two bills (“Bulletins 11144-07 and 11092-07”) to update the current data protection law.
- Comparative law on artificial intelligence (Europe).
Artificial intelligence occupies a prominent place on the agendas of European leaders. The European Union has taken the global lead in the legal field and has already begun to legislate on the matter, becoming the first region in the world to do so.
The Parliament recognizes that a radical change of this magnitude inevitably has diverse and complex repercussions on the different parts of society, depending on their objectives, geographical location or socioeconomic context.
This is why numerous farms throughout Europe are already using artificial intelligence to monitor the movement, temperature and food consumption of animals. The artificial intelligence system is capable of automatically readjusting heating and feeding machinery, thereby helping farmers monitor livestock welfare and freeing them up for other tasks. Its use is helping make the European industrial sector much more efficient.[5]
They are currently in the final stretch towards approving a new regulation aimed at governing certain aspects related to the use of Artificial Intelligence. This is the “Artificial Intelligence Act”, which has already been the subject of two years of long and intense debate.
The current regulation describes four levels for regulating the risks posed by artificial intelligence systems, with different rules applying to each level of risk. The categories are: “minimal risk” (ChatGPT), “limited risk” (targeted advertising based on the consumer’s tastes, sex or race), “unacceptable risk” (biometric surveillance) and “high risk” (artificial intelligence engines that can generate deepfakes).[6]
It is clear that the European Union has a clear potential to become the world leader in safe artificial intelligence. By developing a solid regulatory framework based on human rights and fundamental values, it can develop an artificial intelligence system that benefits people, companies and governments.
- Artificial intelligence projects in Argentina.
At the end of last year, the Undersecretariat of Information Technologies participated in the Global Forum on the Ethics of Artificial Intelligence. There, “the aim was to identify the best regulatory practices and institutional frameworks to ensure the ethical development of these technologies.”
The truth is that Argentina is not a stranger to the race for the development of artificial intelligence and its application to enhance economic and social aspects of daily life.
The Argentine Technology Fund (FONTAR) currently has 104 funded projects related to software and related fields (embedded software, systems, artificial intelligence, industry 4.0), out of a total of 460 active projects. This means they are already in the execution and monitoring stage.[7]
One example, among many, is the company Mila Agro Tech SRL, located in Tres Arroyos, Province of Buenos Aires. The main objective of the project is the development of a comprehensive system for the recognition, chemical dosing and evolution tracking of multiple predefined targets (crops, weeds, diseases, pests, etc.) through the application of artificial intelligence and machine learning.[8]
The company is working on a versatile system based on artificial intelligence for recognizing crop problems and applying agrochemicals. It is an example of the possible synergy between the State and private parties, with clear potential for application and socio-economic benefits in improving crops, boosting exports and generating more foreign currency for Argentina.
Another example is the company Inceptia SRL, located in the City of Buenos Aires. The company is constantly seeking new ways to connect people with technology so that, combined and collectively, they can act more intelligently than any other person, group or computer.[9]
To this end, it has developed a voice robot platform capable of incorporating STT and TTS neural networks and automating the availability of bots in a user-friendly way, easily integrated with other digital channels and with services integrating companies’ transactional systems with their customers. This project seeks to improve the user experience by building artificial intelligence models that allow interaction in natural language, enabling people to communicate colloquially without having to adapt to the technology. This will make it possible to sustain a fluid conversation with people, understanding the intention of each phrase expressed by an end customer, even in noisy environments, using different Spanish accents, avoiding awkward silences, etc.
- The challenge of artificial intelligence in Argentina.
The challenge we face, which must be addressed as a central issue, is how we design and promote these technologies so that they deliver the greatest possible benefit for our country. Accordingly, in relation to the technology adoption processes that Argentina carried out in previous industrial revolutions, CIPPEC[10] examined the potential impact that the adoption of artificial intelligence could have on the development of the local economy.
For example, with regard to projections for our region, it is anticipated that “the medium-term GDP growth rate in the region could rise from 3% to 4% solely due to the impact of this factor (use of AI),” and that “almost 50% of that increase could be generated by an increase in productivity, by allowing workers to focus on tasks where they add more value.”[11]
In addition, regulating artificial intelligence in the legal field in our country will be a major challenge, as it must include issues of privacy, security and transparency, as well as current initiatives to address these challenges and promote its ethical and responsible use in the legal world.
To ensure that we all take part in this digital transformation, we need to understand how technology works. Indeed, in order to increase transparency and reduce error, AI systems should be developed in such a way that everyone can understand the basis of their actions and their possible risks.
This challenge is essential, since we need to be able to trust the technology we interact with, have a predictable legal environment and have an effective guarantee that our fundamental rights and freedoms will be protected.
- Conclusion.
We know that the technological paradigm shift represented by the development of artificial intelligence is a unique opportunity to boost the economic and productive growth of our country.
The growth of computing capacity has made artificial intelligence one of the most strategic technologies of the 21st century. Most developed economies recognize that it is a game changer and have adopted different approaches that clearly reflect their own political, economic, cultural and social systems.
That is why, amid fierce global competition, a solid framework is required. A great deal is at stake, and the way we approach this issue will define the world we are going to live in.
There are many examples of what artificial intelligence has shown it can contribute in every sector, from energy to education, or from financial services to construction, and many others that we cannot even imagine today will emerge over the next decade.
Argentina needs to make progress on digital protection since, as we saw above, we currently do not have a set of rules that is sufficient for this reality and capable of addressing its risks and achieving the aforementioned objectives.
As with any other technology or tool, it can be used for positive purposes, but also for malicious ones. Our path forward, all of us together, must be to focus on placing the potential of artificial intelligence at the service of human progress.