AI Regulation in Latin America: Strategies, Policies, Compliance

Latin American countries are actively developing AI regulations to promote ethical AI development, protect human rights, and foster innovation. Here's an overview of the key initiatives:

Argentina

• Bill of Law on AI Regulation defines terms, principles, and prohibitions
• Proposed bills to penalize AI crimes against sexual integrity
• National Registry of AI Systems for impact assessments and risk classification
• Guidelines for developing AI systems that respect rights and democracy
• Transparency and data protection program for AI

Brazil

• Proposed bill to create AI development and use framework
• Focuses on citizens' rights, risk categorization, governance, and sanctions
• National Data Protection Authority ensures AI systems comply with data laws
• Multistakeholder approach involving experts, industry, and civil society
• Compliance measures: fines, penalties, incident reporting, audits

Colombia

• Bill 059 sets legal guidelines for AI development and use
• Policies for data protection, IP, ethics, and mandatory registration
• Stakeholder involvement from academia, industry, and civil society
• Ministry monitors compliance and can impose fines/penalties

Mexico

• Bill for ethical AI framework to protect human rights and personal data
• Data protection law requires safeguarding measures for AI systems
• Plans for central AI policy office and national AI collaboration center
• Promoting computational thinking and AI education for responsible use

Chile

• National AI Policy defines AI and sets objectives
• Bill to regulate AI while respecting human rights and democracy
• National AI Commission evaluates authorization requests
• Compliance framework with fines and penalties planned

Peru

• Bill modeled after EU AI Act to protect rights and promote ethical AI
• Law supporting AI for economic/social development and establishing principles
• National authority planned to oversee AI use and promotion
• Compliance framework with fines and penalties in development

Related video from YouTube

Quick Comparison

The region is taking proactive steps to develop balanced AI regulations that promote innovation while protecting rights and ensuring accountability. A collaborative, multistakeholder approach is crucial for effective and harmonized policies.

1. Argentina

AI-specific Regulations

Argentina is making progress in AI regulation. In October 2023, a Bill of Law on AI Regulation was presented in the Chamber of Deputies. This bill defines AI terms, sets guiding principles, lists prohibitions, and creates an administrative body for AI within the National Executive Branch. Additionally, three bills were introduced between November and December 2023 to amend the Penal Code to penalize AI-related crimes against sexual integrity.

In August 2023, a Bill was introduced in the Senate requiring organizations involved in AI to register in a National Registry of AI Systems. This registry will conduct impact assessments and classify AI systems by risk levels, from limited to unacceptable.

Institutional Frameworks

The Undersecretariat of Information Technologies issued recommendations (Provision 2/2023) for developing AI systems that respect democracy and individual rights. These guidelines include principles like transparency, explainability, non-discrimination, safety, privacy, and data protection.

The Agency for Access to Public Information (AAPI) promotes transparency and data protection in AI use. Through Resolution 161/2023, the AAPI created the "Program for Transparency and Protection of Personal Data in AI." This program aims to analyze, regulate, and strengthen state capacities for AI development and use in both public and private sectors.

The National Executive Branch established the Interministerial Roundtable on AI through Administrative Decision 750/2023. This roundtable brings together various government agencies to discuss and coordinate AI initiatives.

Data Protection Laws

Argentina's data protection authority, the Agency of Access to Public Information (AAIP), has taken steps to protect personal data in AI. The AAIP's Resolution No. 161/23 created the Transparency and Protection of Personal Data Program in AI. This program aims to generate knowledge, strengthen institutional capacities, and promote participative processes for AI regulatory proposals.

The program's goals include identifying good practices, learning, and recommendations on transparency, algorithmic transparency, and data protection in AI use. This initiative shows Argentina's commitment to responsible AI use and protecting citizens' rights regarding transparency and personal data.

2. Brazil

AI-specific Regulations

Brazil is advancing in AI regulation. In 2023, a bill was introduced in Congress to create a framework for AI development and use. This bill defines AI terms, sets guiding principles, lists prohibitions, and establishes an administrative body for AI within the National Executive Branch.

Brazil's national AI strategy focuses on:

• Citizens' rights
• Risk categorization
• Governance measures and administrative sanctions

Institutional Frameworks

Brazil has set up several bodies to regulate AI:

• Ministry of Science, Technology, and Innovation (MCTI): Develops and implements AI policies. It has a commission to discuss AI regulation and a public consultation process to gather stakeholder input.
• National Data Protection Authority (ANPD): Ensures AI systems comply with data protection laws.

Data Protection Laws

Brazil's General Data Protection Law (LGPD) governs the use of personal data in AI systems. The LGPD sets principles for data processing, including transparency, security, and accountability.

The ANPD enforces the LGPD and ensures AI systems follow data protection rules. It can impose fines and penalties on violators.

Stakeholder Involvement

Brazil involves various stakeholders in developing its AI regulatory framework:

• Experts from academia, industry, and civil society: Provide input on AI regulation.
• Multistakeholder forum: Discusses AI regulation to ensure the framework is effective.

Compliance and Enforcement

Brazil's AI regulatory framework includes measures for compliance and enforcement:

• ANPD: Monitors compliance with AI regulations and can impose fines and penalties.
• Incident Reporting System: Allows reporting of AI incidents.
• Audit Framework: Ensures AI systems comply with regulations.

3. Colombia

AI-specific Regulations

In November 2023, the Colombian Senate approved Bill 059 of 2023. This bill sets legal guidelines for AI development and use. It includes policies for data protection, intellectual property, and a code of ethics. Organizations must register with the Ministry of Science, Technology, and Innovation.

Institutional Frameworks

The Ministry of Science, Technology, and Innovation (MCTI) handles AI policies. They have a commission to discuss AI regulations and gather public input.

Data Protection Laws

Colombia's data protection laws require AI developers to ensure data protection and respect human rights. Developers must register with the MCTI.

Stakeholder Involvement

Colombia includes various stakeholders in AI regulation, such as:

• Academia
• Industry experts
• Civil society

These groups provide input to make the framework effective.

Compliance and Enforcement

The MCTI monitors compliance with AI regulations. They can impose fines and penalties on violators.

sbb-itb-ef0082b

4. Mexico

AI-specific Regulations

In March, Mexico introduced a bill to create an ethical framework for AI development. This framework focuses on protecting human rights and personal data, ensuring AI systems respect human dignity.

Data Protection Laws

Mexico's Federal Law on the Protection of Personal Data held by Private Parties outlines data protection guidelines. AI developers must implement measures to safeguard data from access, loss, or damage.

Institutional Frameworks

The Ministry of Science, Technology, and Innovation (MCTI) oversees AI policies. They have a commission to discuss AI regulations and gather public input. Plans include creating a central government office for digital and AI policy and a national Mexican Centre for AI to support collaboration between industry, academia, and government.

Compliance and Enforcement

The MCTI monitors compliance with AI regulations and can impose fines and penalties. The government also emphasizes education, promoting computational thinking in schools and increasing the number of Masters and PhD students in AI and data science to ensure responsible AI development and use.

5. Chile

AI-specific Regulations

Chile introduced its first National Artificial Intelligence Policy in 2021. This policy aims to help people use and develop AI tools and understand their legal, ethical, social, and economic impacts. It defines AI as "the set of computer techniques that allows a machine to perform tasks that usually require intelligence, such as reasoning or learning" and "a computational system that can, for a given set of human-defined objectives, make predictions and recommendations or make decisions that influence real or virtual environments."

In 2024, the Chilean government introduced a bill to regulate AI. This bill focuses on promoting AI systems while respecting democratic principles and human rights. It sets requirements for AI developers, suppliers, deployers, and importers.

Institutional Frameworks

The Ministry of Science, Technology, Knowledge, and Innovation oversees AI policies in Chile. The ministry has launched initiatives to promote AI development and use, including creating a National Artificial Intelligence Commission. This commission evaluates authorization requests from AI developers, providers, and users.

Compliance and Enforcement

Chile plans to establish a regulatory framework to ensure compliance with AI regulations. This framework will include measures to monitor and enforce compliance, such as fines and penalties for non-compliance. The government also emphasizes education and awareness about responsible AI development and use.

6. Peru

Peru has made strides in regulating artificial intelligence (AI). The government introduced a bill modeled after the European Union's AI Act to protect citizens' rights while promoting ethical AI development.

AI-specific Regulations

The bill, BoL 07033/2023, emphasizes respect for human rights, privacy, and data protection. It aims to ensure the safety and security of citizens while promoting transparency and innovation in AI. Law no. 31814, published on July 5, 2023, supports AI for economic and social development. It outlines principles like risk-based security, ethical development, and privacy. It also establishes a national authority to oversee AI use and promotion.

Institutional Frameworks

Peru is in the process of setting up a national authority to manage AI policies. The government has initiated steps to evaluate authorization requests from AI developers, providers, and users.

Compliance and Enforcement

Peru plans to create a regulatory framework to ensure compliance with AI regulations. This will include monitoring and enforcement measures, such as fines and penalties for non-compliance. The government also focuses on educating the public about responsible AI use.

Pros and Cons

The adoption of AI regulation in Latin America presents both advantages and disadvantages. Understanding these pros and cons is crucial for policymakers, businesses, and individuals to make informed decisions.

Key Takeaways

AI regulation in Latin America is evolving. Countries are developing their own AI strategies, facing challenges like creating legal frameworks, reducing bias, and protecting personal data. Despite these challenges, there are opportunities for collaboration and best practices.

Key points to remember:

• Countries Involved: Argentina, Brazil, Chile, Colombia, Mexico, and Peru are making progress in AI regulation.
• Unique Approaches: Each country has its own method, reflecting its specific context.
• Balanced Regulation: Effective AI regulation should promote innovation, protect human rights, and ensure accountability.

Related posts

• India's Data Protection Bill: Balancing AI & Privacy
• China Unveils Rules for Generative AI Services
• AI for HR Compliance: Monitoring & Reporting
• Cross-Border AI Data Transfers: Navigating Challenges