Normative alert: Constitutional reforms of the provinces of Jujuy and La Rioja
Data Privacy & Data Protection – Cybersecurity department report | Normative alert: Constitutional reforms of the provinces of Jujuy and La Rioja
On July 11, 2024, the reform of the Constitution of the Province of La Rioja was approved. Among its most relevant modifications, new articles concerning digital environments and artificial intelligence were introduced.
Article 38, which regulates digital rights and duties, establishes that “[t]he State guarantees respect for human dignity and the rights of the individual in digital environments as a fundamental condition for his or her development in freedom”. Furthermore, it goes on to say that it “[p]romotes technological neutrality and digital self-determination through specific duties” and that it “fosters innovation, research and scientific and technological development to reduce asymmetries and achieve the common good in the knowledge economy”.
Article 39, which deals with digital citizenship and open government, states that “[t]he State shall promote digital citizenship, education and participation through positive actions that promote the use of information technologies in an ethical, secure and transparent manner”. In addition to this, it adds that “[d]igital citizenship integrates the system of electronic government and digital democracy, which consists of the administration of State resources through Information and Communication Technologies, and its guiding principles based on transparency, accountability and citizen participation. Alternative methods of conflict resolution through technologies will be promoted”.
Finally, the new Article 40 -referring to macrodata- establishes that “[t]he State, through a specific law, shall establish the procedure for the processing of macrodata -called massive data, artificial intelligence of data, large-scale data or “big data” to complex data sets that require non-traditional computer applications for data processing-, guaranteeing the protection of individuals with the processing of personal data, the free and transparent circulation of data of a public, general interest and humanitarian nature”.
It should be noted that the Riojan constitution is not the first to incorporate articles on these issues in its reform. In June 2023, the Constituent Convention of Jujuy approved the modification of the provincial Magna Carta.
Like the Constitution of La Rioja, it introduced, in its Article 76, “the right of every person to use artificial or non-human intelligence systems, based on computerized methods of algorithms, data and models that mimic human behaviour and automate complex processes, as well as other future developments that arise in this field”.
It also adds that the State “shall encourage research and development of these systems for purposes that modernize, streamline and improve the provision of public services for the benefit of the population, promoting collaboration for these purposes between the public and private sectors”, who will also be responsible for promoting “education and public debate on the ethical and legal challenges posed by these systems, including their effects on the transformation of the world of work”.
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