AI Governance in Latin America: A Summary of Key Proposals and Developing Patterns

In the dynamic landscape of artificial intelligence (AI) development, six Latin American countries - Argentina, Brazil, Mexico, Colombia, Chile, and Peru - are actively shaping their AI legislative frameworks.

Brazil's AI bill, for instance, includes at least ten criteria for the classification of high-risk systems. These systems, which may unlawfully or abusively produce legal effects that impair access to public or essential services, will require an Algorithmic Impact Assessment (AIA) for deployment.

Similarly, Chile's proposal mandates the operation of "innovation ecosystems" and outlines mandatory requirements for high-risk systems. These systems must implement a risk management system grounded in a "continuous and iterative process." Chile also supports small-to-medium enterprises (SMEs) in the AI sector.

Colombia's bill defines "limited-risk" systems as those that, without posing a significant threat to rights or safety, may have indirect effects or significant consequences on individuals' personal or economic decisions.

All the reviewed proposals adopt a risk-based approach to regulating AI, seemingly drawing at least some influence from the European Union's Artificial Intelligence Act (EU AI Act). These frameworks generally classify AI systems along a gradient of risk, from minimal to unacceptable, and introduce obligations proportional to the level of risk.

Most bills concur in key elements of the definition of "AI system" and "AI operators." Brazil's and Chile's proposals have a similar definition of an AI system to that found in the EU AI Act.

The Peruvian draft regulations include a list of specific uses or sectors where the deployment of any AI system is automatically set to be considered high-risk, such as biometric identification and categorization.

Argentina's proposal requires all public and private entities that develop or use AI systems to register in a National Registry of Artificial Intelligence Systems, regardless of the level of risk.

Mexico's bill introduces a chapter on "digital rights," which includes the right to interact and communicate through AI systems, the right to access one's data processed by AI, the right to be treated equally, and the right to data protection. Under Mexico's proposal, "limited-risk" systems are those that allow users to make informed decisions, require explicit user consent, and allow users to opt out under any circumstances.

AI bills in Latin America are grounded on a similar set of guiding principles for the development and use of AI, focused on the protection of human dignity and autonomy, transparency and explainability, non-discrimination, safety, robustness, and accountability.

Notably, Argentina, Brazil, and Chile have comprehensive data protection laws that include AI-relevant provisions. Peru promotes the development of open-source AI technologies to reduce systemic entry barriers and foster ecosystem efficiency.

These legislative efforts in Latin America reflect a strong preference for ex ante, risk-based regulation and an ethical and principle-based framework, with a heavy focus on the protection of fundamental rights and using AI for economic and societal progress.

AI Governance in Latin America: A Summary of Key Proposals and Developing Patterns