24/06/2026 15:49 - Judiciales
In a world where technology advances rapidly, the Supreme Court of Justice of Buenos Aires (SCBA) has set a fundamental precedent. Through Resolution RSC-1719-2026, the province's highest judicial authority approved a regulation making it clear: "the jurisdictional function is non-delegable and irreplaceable".
For international context, the Province of Buenos Aires is the most populous region in Argentina, distinct from the autonomous city of Buenos Aires (the federal capital). This regulation affects millions of inhabitants. The key principle dictates that AI must be used exclusively as a support tool, never as a substitute for judges and officials. The resolution warns that using these systems does not exempt the operator from responsibility for the content and legality of their acts.
To protect fundamental rights, the Court explicitly prohibits:
Technology is welcomed as an aid for efficiency:
To guarantee compliance, the Governance and AI Use Commission was created, composed of the Secretariats of Planning, IT, and Jurisdictional Services. This body acts as the enforcement authority, tasked with proposing protocols and conducting periodic audits.
The regulation introduces a classification based on risk level. High-risk systems, such as those predicting judicial outcomes, must undergo an Algorithmic Impact Analysis and audits every six months. Low-risk tools, like transcription services, require annual audits.
The Court specifically warned about the risks of generative AI, which can produce inaccurate, biased, or unverifiable results (often called "hallucinations"). The text alerts against "automation bias," the tendency to place excessive trust in machine recommendations over human judgment.
The public consultation process remains open until July 8, 2026, allowing magistrates, lawyers, and academics to submit observations. Following this, the Commission must submit a final report by August 31, 2026.
The regulation also emphasizes personal data protection, adhering strictly to Law 25.326 (Argentina's Data Protection Law). It prohibits uploading sensitive information or ongoing investigations into platforms that use data to train future models without proper guarantees.
Sources: Diario Judicial | Ámbito
Alfredo S. Quiroga
