Artificial Intelligence law at Chile

Chile is taking significant steps to regulate Artificial Intelligence (AI) through a comprehensive legal framework that combines ethical considerations with practical governance.

🇨🇱 Chile’s AI Legal and Policy Framework

1. National AI Policy (2024)

In May 2024, Chile launched an updated National AI Policy, developed with UNESCO's support. The policy emphasizes governance, ethics, and human rights in AI development. It includes over 100 concrete actions to be implemented by 2026, covering areas such as cybersecurity, inclusion, environmental impact, and the preservation of cultural heritage. The policy was informed by UNESCO’s Readiness Assessment Methodology (RAM), making Chile the first country to complete this process .(UNESCO, Marca Chile, UNESCO)

2. AI Bill No. 16821-19

On May 7, 2024, Chile introduced Bill No. 16821-19 to the Chamber of Deputies. This bill aims to regulate AI systems by classifying them based on the level of risk they pose to individuals' rights and safety. The bill adopts a risk-based approach similar to the European Union's AI Act and includes the following categories:(DPA, Chambers & Partners, Diplomacy)

Unacceptable Risk: AI systems incompatible with fundamental rights, such as social scoring or real-time biometric surveillance for non-public safety purposes.(Home | White & Case LLP)

High Risk: AI applications that could negatively affect health, safety, or fundamental rights, such as AI in recruitment processes.(Chambers & Partners)

Limited Risk: AI systems with minimal risk of harm, like chatbots providing customer service.

No Obvious Risk: AI applications with no apparent risk, such as recommendation algorithms for entertainment content.(Home | White & Case LLP)

The bill mandates transparency, accountability, and human oversight in AI systems. It also proposes the creation of a Personal Data Protection Agency to oversee compliance and enforce penalties for violations .(DataGuidance)

🧭 International Alignment and Ethical Standards

Chile's AI regulatory efforts align with international standards, particularly UNESCO's Recommendation on the Ethics of AI. The updated National AI Policy and the proposed AI bill reflect a commitment to ethical AI development, focusing on human-centered approaches and the protection of fundamental rights. By integrating UNESCO's RAM, Chile ensures that its AI governance framework addresses legal, social, economic, and technological dimensions .(UNESCO, UNESCO, UNESCO)

🔭 Future Outlook

With the introduction of the AI bill and the implementation of the updated National AI Policy, Chile is positioning itself as a leader in ethical AI governance in Latin America. The proposed legislation is currently under review by the Chamber of Deputies, and its passage will mark a significant milestone in Chile's commitment to responsible AI development. The focus on transparency, accountability, and human rights ensures that AI technologies are developed and deployed in a manner that benefits society while mitigating potential risks.(UNESCO)

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