Buenos Aires Supreme Court Promotes AI Use Rules in Courts

The Province of Buenos Aires Supreme Court has opened a public consultation process on a draft regulation aimed at governing the development and responsible use of AI in judicial activities. The initiative, approved through Resolution 1719/26, represents one of the first institutional frameworks in Argentina specifically addressing the governance of AI systems within the Judiciary.

The draft regulation is built upon the fundamental principle that the judicial function is non-delegable and cannot be replaced. Accordingly, it expressly prohibits the use of AI systems to replace judicial decision-making, assess evidence, or generate the legal reasonings supporting judgments and judicial decisions. It also makes it clear that the use of AI tools does not release judges, court officials, or judicial employees of responsibility for the content, validity, and legality of the acts in which they intervene.

The proposal adopts a risk-based approach by classifying AI systems as low-risk, high-risk, or prohibited. High-risk systems would require prior authorization, continuous human oversight, periodic audits, mechanisms allowing their outputs to be challenged, and registration in a public repository. The draft also provides for the creation of an AI Governance and Use Committee, responsible for overseeing the implementation of the framework, conducting audits and issuing technical guidance.

From a data protection perspective, the proposal prohibits including personal, confidential, or case-related information in generative AI tools whose terms of use permit such data to be reused for model training or third-party access. It also states that any AI-generated information must be verified before being incorporated into judicial proceedings and establishes an obligation to report any bias, error, or incident identified during the use of AI systems.

The public consultation remained open until August 7, 2026. Afterwards, the comments received will be considered before the final version of the regulation is adopted. Until then, the draft remains consultative and non-binding.

The initiative reflects the growing trend toward AI governance frameworks based on transparency, human oversight, accountability, and the protection of fundamental rights.