Legislative and Regulatory Initiatives on Artificial Intelligence in Latin America

Several countries in the Latin American region have approved -or are currently discussing- legislative and regulatory proposals to regulate different aspects of Artificial Intelligence (AI). Some of the most important of these are: Some of the most important of these are:

Argentina

• Amendment to the Criminal Code: Between November and December 2023, three bills of law (4436-D-2023, 4411-D-2023 and 2469-S-2023) that seek to amend the Argentine Criminal Code to penalize crimes against sexual integrity through the use of AI were submitted.
• Legal framework applicable to the responsible use of Artificial Intelligence in Argentina: The Bill seeks to promote the ethical, safe and reliable development of AI in the country, ensuring the protection of individuals’ health, safety and fundamental rights. It was submitted with the Chamber of Deputies on June 10, 2024.
• Algorithmic accountability and promotion of robotics, green algorithms and artificial intelligence in Argentina: On March 18, 2024, a Bill was submitted with the Chamber of Deputies to establish a regulatory framework that promotes accountability and transparency in the use of algorithms and AI, encourages research in robotics, and promotes the development of green algorithms and artificial intelligence in Argentina.
• Bill of Law on the Regulation and Use of Artificial Intelligence: Presented in the Chamber of Deputies on October 26, 2023, the Bill establishes definitions, guiding principles, prohibitions and states an administrative body for the application of AI within the National Executive Branch.
• Development, implementation and use of systems based on Artificial Intelligence, within the Argentine territory: On August 14, 2023, a Bill was introduced in the Senate according to which organizations -both public and private- that participate in the development or use of AI, are subject to the obligation to register in a National Registry of Artificial Intelligence Systems for the purpose of carrying out the corresponding impact assessments. In addition -following the European regulation-, different levels of risk that an AI system may entail are established: limited, minimal, high and unacceptable.
• Recommendations on Artificial Intelligence: Through Provision 2/2023, the Undersecretariat of Information Technologies published a series of recommendations, in order to establish guidelines for the development of AI systems that respect the democratic system and individual rights, incorporating principles that include transparency and explainability, non-discrimination, innocuousness, the right to privacy and data protection, sustainability, responsibility and accountability, among others. Although these guidelines are aimed at the National Public Sector, they could be adopted by private claimants that develop AI technology.
• Resolution 161/2023 of the Agency for Access to Public Information (AAPI): These resolution formalized the creation of the “Program for Transparency and Protection of Personal Data in the use of Artificial Intelligence” of the AAPI. The objective is to “promote processes of analysis, regulation and strengthening of government capacities necessary to support the development and use of AI, both in the public and private sectors, guaranteeing the effective exercise of the rights of citizens in terms of transparency and protection of personal data” [see note on Allende’s website].
• Through Administrative Decision 750/2023, published in the Official Gazette on September 7, 2023, the National Executive Branch -through the Office of the Chief of Cabinet of Ministers- ordered the creation of the Interministerial Roundtable on Artificial Intelligence.

Brazil

• Bill of Law No. 2338/2023: In February 2022, a parliamentary commission was established for the purpose of approving a law to regulate the IA activity in Brazil. Various claimants from civil society, industry and experts in the field participated in the debate through public hearings. The Bill seeks to establish principles, standards and guidelines to regulate the development and application of AI in the country. In addition, it reflects the European Union’s AI Act in many respects, as both texts reflect the OECD’s expanded definition of AI systems, which includes not only decision making, but also model building and data formation. Moreover, they share a risk-based approach, adapting regulatory obligations based on the potential risks of AI technology. This includes a similar list of high-risk applications and the prohibition of applications deemed to present excessive or unacceptable risks (e.g., those resulting in credit profiling). In despite of the above, a new version of the Bill (which proposes the removal of chapters on the rights of those affected by AI systems, governance measures and impact assessments) was submitted in December 2023, so the debate around the regulatory scope of the Bill is expected to continue.

• Bill of Law No. 5695/2023: In November 2023, a Bill was submitted to criminalize the alteration of photos, videos and sounds through the use of AI systems to commit violence against women.

Colombia

• Bill of Law No. 200/2023C: Since June 2023, the first Bill which seeks to regulate AI in Colombia is being discussed. The Bill proposes to adapt AI to standards of respect and guarantee of human rights, regulate and promote its development and establish limits on its use, implementation and evaluation by natural persons and legal entities.

Chile

• Bill of Law No. 15869-19: The Bill, which entered the Chilean Chamber of Deputies in April 2023, contemplates the creation of a National Artificial Intelligence Commission in charge of evaluating authorization requests submitted by developers, providers and users of AI systems. The Bill provides this body with the possibility of applying monetary penalties. In addition, it distinguishes between different levels of AI system risk (e.g., systems that use subliminal techniques to alter a person’s behavior, real-time or delayed biometric identification systems in public access spaces, and systems used by the Government to classify individuals according to their behavior and/or characteristics will be considered unacceptable risk).

Mexico

• Bill of Law for the Ethical Regulation of Artificial Intelligence and Robotics: The Bill was introduced to the Mexican Senate in May 2023 and proposes the creation of an administrative body –the Mexican Council of Ethics for Artificial Intelligence and Robotics– to function as a platform to establish rules to regulate the ethical development of AI standards, ensure compliance with the regulations already established in this area and require information from companies that develop this activity.

Peru

• Law that promotes the use of AI in favor of the economic and social development of the country: In July 2023, a law was approved with the purpose of promoting the use of AI within the framework of the national process of digital transformation, giving priority to the individual and respect for human rights in order to promote the economic and social development of the country. This law comes after the publication of the National Artificial Intelligence Strategy that was published in 2021, through which the Executive Branch of Peru establishes, in a declarative manner, basic guidelines for the development of AI in Peru.
• Bill of Law No. 07651/2023-CR: The purpose of the Bill is to regulate the use of algorithms and AI in real-time recognition of vehicles reported as stolen and license plates that have been tampered with. It was submitted on April 22, 2024, and is currently under discussion.
• Bill of Law No. 2338/2023: 05182/2022: The Bill, which is being discussed since May 25, 2023, seeks to promote the use of AI in Peru’s ground transportation system. In addition to defining AI, it proposes to employ algorithms to make ground transportation more efficient (such as those used by companies like Uber or Cabify).

Uruguay

• Accountability Law and Budget Execution Balance 2022: Approved in November 2022, the Budget Law in its Sections 74 and 75 establishes guidelines to be implemented by Uruguay’s data protection enforcement authorities (the AGESIC -digital government agency- together with the URCDP –personal data agency-) to regulate AI when it involves the processing of personal data.

These initiatives reflect the efforts of several countries to make progress in the development of the promotion and regulation of Artificial Intelligence in Latin America.