On September 12, the Province of Santa Fe, Argentina, enacted its new Constitution following a two-month deliberative process (hereinafter, the “Constitution”). The text represents a landmark in the provincial legal framework by expressly enshrining rights connected to digital environments, personal data protection, and artificial intelligence.
The text begins by recognizing that constitutional rights are fully applicable in the digital environment. In this regard, the Province is tasked with promoting ethical and secure technological development, while adopting comprehensive cybersecurity policies.
It is worth highlighting that the Constitution establishes the right to mental autonomy and expressly prohibits the manipulation of thoughts, emotions, or decisions through technological tools. Consistent with this approach, it reaffirms that consent for any act must be free, explicit, informed, and revocable.
The text further enshrines the right to personal data protection, granting individuals the power to access, rectify, update, or erase their data, including through the habeas data action. In addition, the Constitution goes a step further by expressly recognizing the principle of accountability, an element not yet explicitly included in Argentina’s Personal Data Protection Law No. 25,326.
Finally, the Constitution guarantees the right to understand the criteria and parameters used by automated or algorithmic decision-making systems and to demand human intervention when such decisions may affect individuals’ rights. To this end, it imposes on the provincial government and third parties providing public interest services the obligation to develop transparent and auditable algorithmic systems, subject to impact assessments and safeguards against bias and discrimination.
In summary, the new Constitution of Santa Fe adopts a robust framework of digital rights and data protection, placing these at the core of its institutional order.
The full text of the Constitution can be found here.
