The following article was written by our partner Gabriela Szlak and our associates Luciano N. Gutman and María Agustina Hagelstrom, and published in the Latin American Digest of the IAPP (International Association of Privacy Professionals). The original version can be read here.
In September 2025, the Province of Santa Fe, which gathers almost 10% of Argentina’s population, expressly introduced digital rights into its Constitution. This progress made the Province a pioneer, being the first jurisdiction in the country to carry out a recognition of this nature in its provincial Constitution.
However, before delving into the new Santa Fe constitution, let us review the context of digital rights at the federal level, which allows us to understand the framework within which this reform is taking place.
Argentina has a legal framework that recognizes and protects digital rights. One of the earliest precedents can be traced to the National Constitution itself, which in its Article 43 enshrines the right of habeas data, which allows any person to access information about themselves registered in public or private databases and to demand – in cases of falsehood or discrimination – its deletion, rectification, confidentiality, or updating. This recognition is complemented by Law 25,326 on Personal Data Protection, one of the first in the region, which establishes principles for the processing of personal data, among them those of purpose, proportionality, legality, and security. The Law, its regulations, and other rules issued by the control authority in the matter also establish the rights of data subjects and the obligations of those who process such data.
Meanwhile, Law 26,061 recognizes the right to dignity, reputation, and self-image of children and adolescents, protecting their privacy and intimacy through the prohibition of harmful dissemination or disclosure of their personal data, all of which has a direct impact in the digital environment. Likewise, Law 27,078, “Argentina Digital,” declares the development of TIC services to be of public interest and seeks to guarantee equitable access to these services and the protection of users’ rights. In the same vein, the Argentine legal framework includes various rules that strengthen consumer rights in the digital environment, such as the Civil and Commercial Code of the Nation, the Consumer Protection Law, and various resolutions and provisions of the supervisory authorities.
Argentina has also taken significant steps in the area of Artificial Intelligence and its connection with the right to privacy. The country ratified the Convention 108+ of the Council of Europe, which strengthens the guarantees applicable to automated processing and international transfers of personal data, introducing principles of transparency, proportionality, and human control in automated decisions.
At the domestic level, Resolution 4/2019 of the Agency for Access to Public Information (AAIP) established guiding criteria and best practices for the application of Law 25,326 on the Protection of Personal Data, including specific guidelines on decisions based exclusively on the automated processing of data and the scope of the data subject’s right of access in those cases. Finally, Provision 2/2023 of the Undersecretariat of Information Technologies, inspired by UNESCO’s Recommendation on the Ethics of Artificial Intelligence (2021), adopted guidelines for a reliable and human-centered AI in the national public sector.
Now then, returning to the Province of Santa Fe, the recent constitutional reform unequivocally and expressly enshrines the principle that fundamental rights must also be protected in digital environments, incorporating new guarantees related to the ethical and safe use of technology, algorithmic transparency, human intervention in automated systems, privacy and mental autonomy; and the promotion of innovation and knowledge, thus consolidating a modern vision of provincial constitutionalism.
In this way, and in harmony with international standards that promote ethical and human-centered technological development — such as the principles of the aforementioned Convention 108+ of the Council of Europe and UNESCO’s Recommendation on the Ethics of Artificial Intelligence — the Santa Fe reform aligns with this global cutting-edge trend in the field of digital rights, of which Argentina is a part and has accompanied through the updating of its own regulatory framework.
Among the main innovations, the following stand out:
- Universal application of rights: all the rights set forth in the Constitution are also recognized in digital environments; as well as the recognition of inclusive digital citizenship and critical digital literacy.
- Ethical and safe use of technology: the Province commits to promoting the ethical and safe development and use of technologies, always oriented toward the common good and preserving the centrality and dignity of the human person; explicitly recognizing digital security as a right, by promoting in its provisions the adoption of comprehensive policies in cybersecurity matters.
- Data protection and algorithmic transparency: every person has the right to know, in a clear and accessible way, the criteria, parameters, and logics used in automated or algorithmic decision-making systems. It also establishes that algorithmic systems adopted by the Province or by third parties providing services of public interest must be transparent, auditable and promote mechanisms for impact assessment and safeguards against bias or discrimination.
- Human intervention in automated decisions: when a decision based on automated systems may affect their rights, individuals have the right to request the intervention of a human being, especially in cases of artificial intelligence or emerging technologies; reinforcing the principle of effective human control that also inspires Convention 108+ and UNESCO’s Recommendation.
- Privacy and mental autonomy: the construction of an inclusive digital citizenship, critical digital literacy, and respect for privacy, free, express, informed, and revocable consent, and even respect for mental autonomy and the non-manipulation of thoughts, emotions, actions, or decisions through the use of technologies are promoted. With this last point, the Santa Fe Constitution anticipates debates on the so-called neuro-rights, extending the protection of privacy to the mental and cognitive realm.
- Innovation and knowledge: the promotion of a science and technology system that encourages original research, technological transfer, and collaboration between public and private actors to democratize access to its benefits.
Ultimately, the updating of a Constitution with more than 60 years of history does not seek merely to modernize a legal text, but to establish a true roadmap for technological innovation and democratic coexistence in the digital age. With this reform, Santa Fe positions itself at the forefront of Argentine provincial constitutionalism, expressly recognizing that fundamental rights and guarantees do not end at the boundaries of the physical world, but extend — and must be protected — in digital environments.
Gabriela Szlak T° 79 F° 516 C.P.A.C.F.
Luciano N. Gutman T° 145 F° 535 C.P.A.C.F.
Maria Agustina Hagelstrom T°139 F°344 C.P.A.C.F.
