Artificial Intelligence law at Peru
Peru has established a comprehensive legal framework to promote the ethical and responsible use of artificial intelligence (AI) through Law No. 31814, officially titled the Law Promoting the Use of Artificial Intelligence for the Economic and Social Development of the Country. Enacted on July 5, 2023, this legislation positions Peru as a leader in Latin America regarding AI governance.(DPA, Access Partnership)
🇵🇪 Key Provisions of Law No. 31814
1. Core Principles for AI Development and Use
The law outlines several guiding principles to ensure AI is developed and utilized responsibly:
Risk-Based Security Standards: Promotes a risk-based approach to AI development and deployment.(Los Nuevos Abogados - Estudio Echecopar)
Digital Society: Encourages the promotion of digital technologies, digital economy, digital identity, and the use of emerging technologies for societal benefit.(Los Nuevos Abogados - Estudio Echecopar)
Ethical Development for Responsible AI: Seeks to establish a framework of responsibilities for AI use.(Los Nuevos Abogados - Estudio Echecopar)
Privacy of AI: Ensures AI does not infringe on individual privacy rights.
2. Establishment of Regulatory Authority
The Secretariat of Government and Digital Transformation within the Presidency of the Council of Ministers is designated as the technical-normative authority responsible for overseeing AI development and use. This authority is tasked with:(Los Nuevos Abogados - Estudio Echecopar)
Promoting AI development and adoption.
Strengthening digital and data infrastructure.(JustAI)
Adopting ethical guidelines for AI use.(Los Nuevos Abogados - Estudio Echecopar)
Creating a collaborative ecosystem for AI utilization.(Los Nuevos Abogados - Estudio Echecopar)
Reporting serious cybersecurity threats to Congress.(Los Nuevos Abogados - Estudio Echecopar)
3. Regulatory Framework and Implementation
The law mandates the Executive Branch to approve detailed regulations within 90 working days of its enactment. These regulations are expected to include:(Los Nuevos Abogados - Estudio Echecopar)
Classification of AI systems based on risk levels.
Requirements for transparency, accountability, and human oversight in AI systems.(Los Nuevos Abogados - Estudio Echecopar)
Measures to ensure data privacy and security.(DPA)
Protocols for reporting and addressing AI-related incidents.
A draft of these regulations was issued on November 19, 2024, and is currently under review. The draft includes provisions for risk assessment, transparency, human oversight, and data protection.(DPA)
⚖️ Classification of AI Systems
The law classifies AI systems into four categories based on their risk to fundamental rights and freedoms:
Unacceptable Risk: Prohibited applications, such as AI systems that manipulate human behavior or use real-time remote biometric identification in public spaces.
High Risk: AI systems used in critical areas like health, education, recruitment, law enforcement, and justice. These systems are subject to strict obligations regarding quality, transparency, human oversight, and security.(Wikipedia, la enciclopedia libre)
Medium and Low Risk: AI systems that are subject to less stringent requirements but still must adhere to basic principles of transparency and accountability.
🔐 Data Protection and Privacy
The law emphasizes the importance of data protection and privacy in AI systems. It mandates:
Implementation of privacy protection measures throughout the AI system lifecycle.(DPA)
Compliance with regulations set by the National Authority for Personal Data Protection.(DPA)
Transparency in AI system operations, including informing users about data usage and decision-making processes.
🧠 Human Oversight and Accountability
Law No. 31814 underscores the necessity of human oversight in AI systems:(Lex Mundi)
AI systems must include interfaces that allow human intervention in decision-making processes.(DPA)
Developers and users of AI systems are held accountable for any violations of fundamental rights resulting from AI use.(DPA)
Clear mechanisms for reporting misuse or non-compliance with AI standards are established.(Los Nuevos Abogados - Estudio Echecopar)
🚀 National AI Strategy and Future Initiatives
Peru's commitment to AI extends beyond legislation:
National AI Strategy (2021–2026): Aims to position Peru as a leader in AI research and application in Latin America, focusing on digital inclusion and reducing social gaps.(JustAI)
National Center for Innovation and Artificial Intelligence (2021): Established to accelerate AI adoption and develop human talent.(JustAI)
Continuous AI Program (2023): Supports the implementation of the National AI Strategy through technical assistance and training for public entities.(JustAI)
Public-Private Regulatory Sandbox (2024): Aims to enhance transportation efficiency and sustainability through the use of unmanned vehicles.(JustAI)
Santiago Declaration (2023): Highlights Peru’s commitment to ethical AI in Latin America and the Caribbean, aligning with UNESCO’s AI ethics recommendations.(JustAI)
📌 Conclusion
Peru's Law No. 31814 represents a significant step toward establishing a robust and ethical framework for AI development and use. With its focus on human rights, transparency, accountability, and data protection, the law aims to foster a responsible AI ecosystem that benefits all sectors of society. The forthcoming regulations will provide further clarity and guidance, ensuring that AI technologies are developed and deployed in a manner that aligns with Peru's national interests and values.
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