Argentina Approves Protocol for the Use of Generative Artificial Intelligence in the Judiciary

Published on Nov 19, 2024

Argentina approves Protocol for the use of Generative Artificial Intelligence in the judiciary

                   The Court of Justice of the Province of San Juan (Argentina) has approved a new protocol for the use of generative artificial intelligence in the judicial system. General Agreement No. 102/2024 establishes the "Acceptable Use Protocol for Generative AI (IAGen)," which is mandatory for all agents of the Judicial Branch of the province.
This protocol is founded on and complementary to the regulations set out in the Protocol for the Use of Information Technology and Telecommunications Resources, approved by General Agreement No. 126 on July 26, 2022.

(i)                Scope

The approved protocol sets forth a series of guidelines and fundamental principles for the use of generative AI, which has the ability to quickly generate complex legal texts. Through this tool, judicial agents can assist in administrative and jurisdictional tasks. However, the inherent risk of AI use is also recognized, as it could generate errors or inaccurate results if not used properly.

(ii)              Key Objectives of the Protocol

1.       Responsible Use: Establishes an ethical and regulatory framework to ensure AI use aligns with the principles of Justice Administration.

2.       Confidentiality and Security: Prioritizes the protection of privacy, confidentiality, and integrity of information. Users must anonymize data before entering it into AI systems.

3.       Verification of Results: Agents must validate information generated by AI before using it. Delegating decision-making to AI without proper review is prohibited.

4.       Safeguarding the Integrity of the Judicial Process: Ensures that the use of generative AI does not compromise the integrity of the judicial process, maintaining the autonomy of judges and judicial officials in decision-making based on the interpretation and application of the law.

5.       Education and Training: Ensures that the staff of the San Juan Judicial Branch is adequately trained on the use of generative AI, understands its capabilities and limitations, and can identify situations where its use may not be appropriate.

6.       Promoting Innovation: Encourages innovation within the San Juan Judicial Branch through the use of advanced technologies, ensuring their adoption is controlled, secure, and aligned with the institution's objectives.

(iii)            Data Anonymization

Before sharing data or electronic documents with IAGen, they must be anonymized to remove any information that could identify individuals or reveal sensitive data belonging to the San Juan Judicial Branch or to the parties involved in legal proceedings. Anonymization techniques such as removing names, addresses, and identification numbers, blurring images and video recordings, and others must be used to protect any sensitive information, including:

  • Pre-Anonymization: Before sharing any data or documents with IAGen, all personal identifiers and sensitive information must be removed or anonymized.
  • Data Review: A review of the data must be conducted to ensure the anonymization is effective.

(iv)             Prohibitions

A series of prohibitions are established to guarantee the ethical, responsible, and safe use of this technology within the judicial system. Compliance with these rules is essential to avoid risks that could compromise the integrity of the judicial system and the security of the data processed. These include:

  • Personal Use: Generative AI is exclusively for professional and judicial purposes and may not be used for personal activities. This restriction aims to prevent judicial agents from using the technology for tasks unrelated to their institutional functions, ensuring its proper and effective use in the context of Justice Administration.
  • Inappropriate Content: It is strictly prohibited to generate, distribute, or use any content that is offensive, illegal, or inappropriate through IAGen. This includes creating material that could harm the reputation of the Judicial Branch or any third parties involved in judicial proceedings. Furthermore, using AI to spread content that violates current laws, ethical standards, or the fundamental principles of justice, such as fairness and impartiality, is prohibited.
  • Data Manipulation: Judicial agents must not alter, falsify, or manipulate data in any way that could mislead, alter the course of a judicial process, or cause harm to the San Juan Judicial Branch, the parties involved in legal proceedings, or third parties.
  • Unauthorized Access: Unauthorized access to the resources of the San Juan Judicial Branch, as well as systems and platforms containing confidential or sensitive information, either within the Judicial Branch or from other entities, is prohibited.

(v)Considerations
              The approval of the "Acceptable Use Protocol for Generative AI (IAGen)" by the Court of Justice of San Juan represents a significant step forward in the modernization and optimization of the provincial judicial system. By incorporating AI in managing jurisdictional and administrative tasks, the goal is to improve efficiency and reduce task completion times.
With clear principles regarding confidentiality, data security, result verification, and the safeguarding of judicial process integrity, the protocol emphasizes the need for controlled and supervised use of generative AI by professionals.

(*) Milagros Denise Tallarico. Lawyer, graduated from the National University of Lomas de Zamora (UNLZ). Legal Analytics, Torcuato Di Tella University (UTDT). Semi-Senior Associate at Alfaro Abogados.