Access Alert: Peruvian government issues AI law

Access Alert: Peruvian government issues AI law

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Peru’s Executive Power has published Law 31814, which promotes the use of artificial intelligence (AI) for the economic and social development of the country, making it one of the leading countries in Latin America in terms of legislation in favour of this technology.

Context

In 2020, through Emergency Decree 007-2020, the Peruvian authorities established general provisions related to interaction under secure digital environments, defining the guiding principles and administrative structure in terms of responsibilities, monitoring, and cybersecurity guidelines, including AI. It is precisely through this Decree that the National Centre for Digital Security was created.

However, because of Peru’s digital transformation policy, both the executive and legislative – the latter approved the draft Law on 25 May – officially publish the new Law in order to establish conditions of legal and regulatory certainty for the exploitation of AI.

The law

Regarding its content, the law establishes that the use of AI will be promoted under an approach that privileges the person and human rights, guaranteeing ethical, sustainable, transparent, replicable, and responsible use.

To this end, they classify the promotion of emerging technologies, including AI, as of national interest in an effort to improve public services, education, health, justice, the economy, and national security, among others.

The law also determines that AI-based systems are designed to function with different levels of autonomy.

The authority

The Presidency of the Council of Ministers was defined as the technical and regulatory authority responsible for directing, evaluating, and supervising the development of AI in the country. For this, the Secretariat of Government and Digital Transformation will continue to act as leader of the National Digital Transformation System.

Likewise, the Authority will seek the adoption of ethical guidelines for AI, the strengthening of digital infrastructure for AI, the development of data infrastructure, and the training of AI professionals, among others.

What does this new legislation represent?

In recent years, the Peruvian authorities have stood out for their interest in intensifying the digital transformation agenda. Proof of this is that it is one of the leading countries in Latin America in terms of AI regulation, which conveys a clear message of certainty for the development of this emerging technology both for the industry and for users.

Additionally, regulations and initiatives aimed at regulating specific aspects of AI or promoting its adoption in specific sectors of society could be expected, something that in the medium term may increase investment in technologies such as cloud and data centres in the country.

Finally, in terms of regional impact, the Peruvian legislation sends a positive message to other regulators and legislators who have recently discussed similar initiatives, such as Colombia, Mexico, and Brazil. It is important for governments to establish clear conditions for the development of AI, but also to avoid imprecise or unnecessary regulations or conditions that may limit the development and adoption of this emerging technology.

Access Partnership permanently monitors public policy and regulatory developments in Latin America. For more information, please contact Geusseppe Gonzalez at [email protected], Paula Rabacov at [email protected], and Rodrigo Serrallonga at [email protected].

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