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 Penal Code: Between November and December 2023, three bills of law were presented that seek to amend the Penal Code to penalize crimes against sexual integrity through the use of AI.
- Bill of Law on the Regulation and Uses 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 -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): 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 state 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: 2338/2023In 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 Law 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 draft Bill is expected to continue.
- Bill of Law No. 2338/2023: 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 seeks to regulate AI in Colombia and has been in the legislative process. 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 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. In order to provide this body with corrective tools, the Bill provides for the possibility of applying monetary penalties. In adittion, it distinguishes between different levels of AI system risk (for example, 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 State to classify individuals according to their behavior and/or characteristics will be considered unacceptable risk).
México
- Bill of Law for the Ethical Regulation of Artificial Intelligence and Robotics:The Bill was presented 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.
Perú
- 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 project comes after the publication of the AI Strategy that was published in 2021, through which the Executive Power of Peru seeks to establish, in a declarative manner, basic guidelines for the development of AI in Peru.
- Bill of Law No. 2338/2023: 05182/2022The Bill, which has been in the legislative process 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 Articles 74 and 75 establishes guidelines to be implemented by Uruguay’s data protection enforcement authorities (the AGESIC -digital government agency- together with the URCDP – agency of personal data-) to regulate AI when it processes personal data.
These initiatives reflect the efforts of several countries to make progress in the development of the promotion and regulation of AI in Latin America.
