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Hiring, evaluation or termination of staff in Argentina: related rules

Using AI to target job ads, screen resumes, interview, score candidates or evaluate performance, promotions and terminations. It is the use case with the most laws in force worldwide because of its impact on the right to work and the risk of discrimination.

Risk classification

JurisdictionLevelDateNote
ArgentinaData protection—Law 25,326 and AAIP Res. 4/2019: explain the logic of automated decisions.

Obligations related to this use case

Behavior assessments not based solely on automated profiles

Law 25,326Ley 25.326, art. 20In force

Already applicable

When it relates
If you are a public body or supply systems that support administrative acts assessing people's behavior.
What the rule provides
  • Do not base court decisions or administrative acts that assess human behavior solely on a profile produced by automated processing; such acts are void.
  • Ensure real, documented human involvement.
Typical evidence
  • Human oversight procedure.
Verification
Verified in the official source on November 2, 2026Articles checked in the consolidated InfoLEG text (Law 25,326). The AAIP Res. 126/2024 regime (Official Bulletin May 24, 2024, in force June 1, 2024) was taken from secondary sources (Beccar Varela, Marval, Bruchou).

Explain the logic of automated decisions

AAIP Res. 4/2019Res. AAIP 4/2019, criterio sobre decisiones automatizadas (Ley 25.326, art. 15 inc. 1)In force

Already applicable

When it relates
If you use systems that make solely automated decisions about people (credit, employment, insurance, access to services).
What the rule provides
  • When someone requests access, explain the logic used in the automated decision that negatively affected them.
  • Record variables and model version so each decision can be explained.
Typical evidence
  • Explanation response template.
  • Decision log.
Verification
Verified in the official source on November 4, 2026Checked in InfoLEG: AAIP Res. 4/2019, Annex I, criterion 2 ("explanation of the logic applied"); its art. 1 makes it mandatory. Logging variables and model version is a suggested practice to be able to give that explanation.

Related base documents

Related kits

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HR and AI Recruiting Kit

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