Personal Data Protection in the New Constitution of the Province of Jujuy

On June 21, 2023, the Province of Jujuy approved a new Provincial Constitution, regulating, among other issues, the right to privacy and to the protection of personal data. In this sense, article 23 established that individuals have the right to –free of charge– rectify or reply to information when their privacy, honor, or dignity is affected by inaccurate or offensive information issued by the media. The person exercising this right is entitled to do so by the same means the inaccurate or offensive information has been issued and for the same extension or amount of time. This right may be claimed through an amparo and before any judge of the Province of Jujuy.

Article 23 also incorporates the right of individuals to be informed of the information provincial personal records have about them, of how such information is used, and of the right to request that information to be rectified.

Regarding the provincial registries of criminal records, the Provincial Constitution clarifies that the certifications they issue will only record the information if there is a final conviction issued against the individual, except when the certifications are to be sent to judges.

Article 23 also prohibits processing or registering data on philosophical, ideological, or political convictions; party or union affiliation; religious beliefs; or private life by any means, unless the individuals cannot be identified and the information is processed for statistical purposes.

Article 76 introduces a novelty: it recognizes the right of individuals to use artificial intelligence systems and any other future system. In this sense, the article provides that artificial intelligence systems must be subject to the principles of legality, transparency, responsibility, privacy and data protection, security, non-discrimination, and accountability; and that access to justice and human intervention must be guaranteed whenever there are violations of rights or when necessary.

Said article 76 places on the Federal Government the obligation to encourage the research and development of artificial intelligence systems for the benefit of the people, promoting collaboration between the public and private sectors. The Federal Government must also encourage education and public debate on the ethical and legal challenges surrounding this type of systems.

Regarding the use of the systems, the Constitution of the Province of Jujuy provides that, if there is a conflict of rights, the principles of primacy of human rights and constitutional freedoms and guarantees must be applied.

Finally, article 77 regulates the right to the protection of personal data and to request access, rectification, cancellation, and opposition to the data. Thus, this article provides that habeas data actions must be processed through the same procedure than amparo actions and as established in the law that regulates amparos.

Likewise, the Provincial Constitution states that the principles of purpose, consent, quality, truthfulness, security, confidentiality, and informative self-determination must be respected.

According the Constitution, the Federal Government is responsible for promoting the protection of personal data of individuals and the security of Federal Government data, and national and international cooperation on data protection, data security, and respect for this right in the global context.