Chile: Regulating AI and New Technologies

Emerging legislation on the use of Artificial Intelligence
 

Inlaw Alliance - Over the last decade, artificial intelligence (AI) has been developing exponentially, transforming our reality and the way we work, study, or have fun. While Generative AI, such as ChatGPT, for example, is the most debated in the public sphere, other AI systems have been present in various aspects of everyday life for years, such as virtual assistance on smartphones, recommendations on streaming platforms or devices such as Alexa.

These systems have prompted discussions on data protection and cybersecurity, highlighting the difficulties in regulating a technology that evolves at a faster pace than regulatory processes.

Given that the major powers, in terms of technological development, directly or indirectly influence the global production chain, how these are legislated - or not - will be relevant for the potential configuration of regulation of AI systems in the rest of the countries, including Chile and Spain. In particular, three powers stand out in relation to global digital economies: the United States, China and the European Union.

Thus, The United States, instead of a single piece of legislation, presents a patchwork of regulations at federal and state level. President Joe Biden’ s "Executive Order on AI" promotes risk assessment and transparency in the development of artificial intelligence. In addition, the National Institute of Standards and Technology (NIST) has developed guidelines for risk assessment and risk management in AI systems.

For its part, China has implemented the ‘Regulation of AI on the Internet’ in 2022, which imposes strict requirements on AI development and implementation, with a focus on data protection and national security. China’s ‘National AI Strategy’ also calls for ethics and responsibility in the use of emerging technologies.

Finally, the European Commission has proposed the ‘AI Regulation’ which classifies AI applications into low, medium and high risk categories. High-risk applications, such as critical systems and procurement decisions, must comply with strict transparency and oversight requirements. This regulation also provides for sanctions to ensure compliance.

In Chile, regulation of artificial intelligence is at an emerging stage, but significant progress is being made to address the challenges associated with this technology.
In 2023, the National Artificial Intelligence Policy was launched, which establishes a framework to promote the ethical and responsible development of AI in the country. This policy addresses issues such as innovation, AI education and regulation, and seeks to ensure that AI is used in a safe and beneficial way for society. In addition, for the past 13 years, the National Council on Innovation for Development has been in place to explore the creation of specific guidelines and regulatory frameworks for artificial intelligence, among other issues related to innovation.

These initiatives seek to promote transparency, accountability and ethics in the use of AI, in line with international trends.

But perhaps the most interesting thing the country is doing in this area is the Bill on the Protection of Personal Data and Digital Rights currently being processed in the Chilean Congress. Introduced on 24 April 2023, the bill is in its first constitutional procedure and aims to update and improve existing legislation on personal data protection, incorporating principles of transparency, security and responsibility in data processing.

Among the highlights, the bill seeks to strengthen users’ control over their personal data and establish clear requirements for the use of emerging technologies, such as AI. This legislative breakthrough is essential to create a regulatory framework that can address the specific challenges presented by AI in terms of privacy and security.

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