Mapping Artificial Intelligence Regulation in Latin America

Nathaly Cisneros is a Master's candidate at the Craig Newmark Graduate School of Journalism at the City University of New York (CUNY) and a reporting intern at Tech Policy Press.

As artificial intelligence (AI) becomes more embedded in our daily lives, it also poses a significant threat to human rights, with concerns about bias and surveillance escalating. A recent report by the global advocacy organization Access Now, titled “Regulatory Mapping on Artificial Intelligence in Latin America,” exposes how AI is being used to control marginalized communities and limit access to information, highlighting a lack of transparency, regulation, and accountability.

For example, in Brazil, there are concerns about racial bias and discrimination due to the use of AI-powered surveillance systems to control social movements. Such concerns extend across Latin America, as AI is being used in ways that impact people’s daily lives – often without their consent – in countries such as Argentina, Mexico, Colombia, and Chile, to name a few.

Some of the problems posed by AI do not fall under existing regulatory frameworks. According to Access Now, these include “technological unemployment, human-machine relations, biased algorithms, and the existential risks of future superintelligence,” in addition to problems related to bias and lack of transparency.

One of the authors of this report, Access Now policy analyst Franco Giandana Gigena, told Tech Policy Press about the need to strike a balance between AI and human rights. “Human rights have to be guaranteed everywhere,” he said. “They have to be respected.” He also added that some AI systems, such as autonomous weapons or facial recognition, are particularly dangerous to human rights and must be regulated or prohibited.

Many countries in Latin America have explored different regulatory strategies and methods to take advantage of the benefits of AI while reducing the risks, according to Access Now.

National Strategies in Latin America

Argentina

• In 2023, several draft laws were introduced to Argentina’s National Congress to regulate AI. However, they are still not on the agenda for discussion even though they are being sent to their respective committees. The three draft laws are as follows:
  • Draft Law 2505-D-2023 titled “Legal framework for the regulation of the development and use of Artificial Intelligence” is aimed to establish frameworks, promote ethical development, protect human rights, transparency and accountability, and foster innovation in AI.
  • Draft law 1472-D-2022 which proposes amending the Law on Science, Technology, and Innovation to incorporate AI systems based on ethical principles such as diversity, inclusion, peace, and justice.
  • Draft Law 3161-D-2023 which proposes creating a “Federal Council of Artificial Intelligence” as an advisory body made up of public officials to promote research, ethics, and awareness around AI. However, soft law recommendations are being contradicted by the lack of collaboration across sectors.
• The National Artificial Intelligence Plan, proposed in December 2019, aims to maximize the economic impact and growth of the country through the development and adoption of AI. Its goals are to promote inclusive and sustainable AI, minimize risks related to personal data and privacy, encourage AI talent development, and promote federal articulation around AI among government agencies.
• The Plan outlines strategic axes such as financing, regulations and ethics, communication and awareness, research and development, public-private convergence, and more.

Brazil

• The Brazilian government has two main strategies for digital transformation and AI. The first one is the Brazilian Digital Transformation Strategy (E-Digital), established in 2018. It aims to promote the digitalization of the economy through objectives, actions, and projects. The 2022-2026 period focuses on "Enabling Axes" like infrastructure, research and development, trust in the digital environment, education and training, and international cooperation. It also has "Digital Transformation Axes" to promote the adoption of digital tools in government and economic activities.
• The second strategy is the Brazilian Strategy for Artificial Intelligence (EBIA), launched in 2021. It guides the government's actions towards developing AI solutions and their ethical use. EBIA has nine thematic axes divided into cross-cutting areas like legislation, AI governance, and international aspects, as well as vertical areas like education, workforce and training, entrepreneurship, and applications in several sectors. EBIA recognizes AI's potential to transform industries and the need for Brazil to remain competitive globally.

Chile

• In December 2021, Chile officially established a National Intelligence Policy through Decree 20 of the Ministry of Science, Technology, Knowledge, and Innovation. The policy covers 70 priority actions and 185 public service initiatives, which provide guidelines, directives, and principles for AI development. It focuses on “social, economic, and educational aspects for both the public and private sectors.”
• The policy's objective is to position Chile at the forefront of global AI development, fostering a research and innovation ecosystem that “enhances productive academic and public sectors.” This is based on four principles:
  • AI focused on human well-being, respect for human rights, and safety, AI for sustainable development, Inclusive AI that eliminates bias and discrimination, and globalized and evolving AI that considers Chile's unique realities.
• Although relatively new, the National AI Policy is already undergoing an update process.

Colombia

• At the end of 2019, the National Policy for Digital Transformation and Artificial Intelligence was introduced in Colombia. In November 2020, the "Task Force for the Development and Implementation of Artificial Intelligence in Colombia" was published establishing “mechanisms for the implementation of emerging technologies in the pu​​blic-private sector and pursues cooperation between these sectors both nationally and internationally.”

Costa Rica

• The National Science, Technology, and Innovation Plan 2022-2027, published by the Ministry of Science, Innovation, Technology and Telecommunications (MICITT), is “the most relevant instrument” for this report. Even though it is not a specific strategy related to AI, it stresses the importance of addressing the skills gap related to AI and encourages “the education sector to develop related skills.”

Peru

• The Secretariat of Government and Digital Transformation of the Presidency of the Council of Ministers presented the “National Strategy for Artificial Intelligence” (ENIA in Spanish) back in May 2021. Some of ENIA’s objectives are as follows:
  • To train professionals for AI research and development.
  • Adopt those technologies as key tools for driving progress, innovation, and well-being in the nation.
  • Create and improve digital telecommunications infrastructure.
• All of this is done to define responsibilities and safeguard personal data privacy. The overarching goal is to harness the potential of AI and related technologies in a responsible manner that benefits society while upholding ethical principles and fostering an environment conducive to innovation and technological advancements.

Mexico

• The report “Towards an AI Strategy in Mexico: Harnessing the AI Revolution” was released by the Federal Executive of Mexico in March 2018 and it outlined five strategic areas.
  • Governance, government, and public services.
  • Research and development.
  • Capabilities, skills, and education.
  • Data infrastructure.
  • Ethics and regulations.

Uruguay

• Uruguay is currently developing a new National Artificial Intelligence Strategy from 2020 due to the rapid growth of AI and the emergence of generative AI technologies which have rendered parts of the previous framework outdated.
• The only country in the region with a specific strategy for restructuring the public sector through AI that has proposed four macro-objectives, including:
  • AI Governance in Public Administration
  • Capacity Building for AI
  • AI Use and Application
  • Citizenship and AI
• This process involves five stages that began in June 2023 and finished in April 2024.

Access Now's Gigena also said that governments have the obligation to defend, respect, and guarantee human rights, but in Latin America, this is a challenge due to problems such as poverty, lack of access to basic services, and discrimination.

This report is a guide to the AI landscape in Latin America by exploring the ways AI technology is being used, the risks it presents, and what steps need to be taken to ensure responsible AI development and deployment that places human rights first and works toward a digital future that is more equal for all. It's a valuable resource that marks the current state of play with regards to AI regulation in the region, and potential areas for future reform.