Advances Towards an Integral Regulation on Artificial Intelligence in Chile

Johansson & Langlois Chile

The automation of the great majority of human's dynamic developments is a fact that should be classified as inevitable. Said automation along with many other activities that go beyond the sphere of a human being, are now simplified with the expansive and accurate development of Artificial Intelligence (AI). Merit of the foregoing, and with the aim of having the correct use and application of AI in Chile, performed in a responsible and regulated manner, is that our country has begun to explore the idea of legislating on this matter, which is not particularly new but it is useful so as to move closer towards an educated execution and application of the law in an efficient and modern way.

However, the regulation or the mere recognition that our country grants to AI is not entirely new. In fact, in Chile Decree number 20 in force, of the Ministry of Science, Technology, Knowledge and Innovation that "Approves National Artificial Intelligence Policy" was published on December 03, 2021.

Said legal body must be understood as an introductory norm to a future "greater" and more complete regulation on the matter. In fact, it provides precise definitions of competent authorities worldwide, alluding to the question of: What is Artificial Intelligence?

Our law defines it in the following ways (both accepted): 1) the set of computer techniques that allows a machine (for example, a computer, a telephone) to perform tasks that usually require intelligence, such as reasoning or learning and 2) as a computational system that can, for a given set of human-defined objectives, make predictions and recommendations or make decisions that influence real or virtual environments. AI systems are designed to operate with varying levels of autonomy.

              The foregoing makes it feasible to ask the following: What will be the impact of AI in our future? The question itself is tricky and also redundant. For this reason, it is better to ask yourself: In what sphere of human life will AI be irrelevant? The AI with its growing expansive development, will it come to a point where the human will not be able to carry out his life of well-being without the AI being involved in some way or another, which in itself answers the following question: why does Chile need a National AI Policy?

              In the editor's opinion, a correct AI legislation is and should be the imperative reason for any nation to create one at this particular time, if they intend to avoid future difficulties in the daily functioning of their citizens; making a compendium of norms that deal with this subject as an absolutely necessary legislative question.

By virtue of the foregoing and given the inevitable place that the AI has in our society and the incidence that it will have - with greater force in the future – merits that Chile (and preferably all the countries of the world) begins in a structured and anticipated way to regulate this great challenge of the technological revolution, with the need to adapt itself as a nation - from legal to praxis - to the changes produced by AI in our society.

Our current legislation starts with the objective of having an inalienable focus when elaborating on this matter. According to the decree, the objective is: "To insert Chile in the avant-garde and global collaboration related to AI, having an ecosystem of research, development and innovation in AI that creates new capacities in the productive, academic and state sectors, and that are also oriented according to universal principles of opportunity and responsibility, contributing to sustainable development and improving our quality of life.” As it is possible to appreciate, there are several objectives, but in summary they tend to turn the nation into a sustainable country (understood in the broad possible spectrum of the word) and to improve people's quality of life.

This is possible to the extent that the universal principles that the legislation has identified as essential for its development, are respected. These principles are as follows:

1) AI with a focus on the well-being of people, and respect for human rights and security

2) AI for sustainable development

3) An inclusive AI

4) A globalized and evolving AI.

If it is possible to conceive AI in the way stated above, with clear objectives and under strict respect for the principles listed above, any future regulation should be possible.

As a result, on April 24, 2023, a proposed bill came into knowledge by the Chamber of Deputies of Chile that “Regulates artificial intelligence systems, robotics and related technologies, in their different fields of application”. Therefore, said project is in its first legislative process. If the decree must be understood as a starting point or introductory norm, the recently presented bill is intended to be the “first chapter” that develops in depth what is established in the AI formation decree in Chile.

The initiative that encompasses the project is, as its name says, regulates artificial intelligence systems, robotics and related technologies in their different fields of application, so as to deal with new technologies. The idea behind this is that AI is an effective and efficient instrument for people and that it contributes positively to society, increasing human well-being status. By virtue of this, it is imperative to have legislative regulation since AI affects various areas of the sphere of "THE HUMAN" i.e.: ethical, social, cultural, educational, economic, judicial and legal, among others.

A first approximation focuses on guaranteeing the use of AI, avoiding abuse and transgressions, the compliance with the human rights protected in our country and, above all, adjusting, maintaining and collaborating in the preservation of the Rule of Law.

The bill begins by distinguishing viable AI systems. There are "acceptable risk systems"," high risk systems", and "unacceptable risk systems". In that sense, the legislation understands each of these in the following way:

1) Unacceptable Risk System: will be those that "use subliminal techniques to alter the behaviour of a person, takes advantage of the vulnerabilities of specific groups of people, or is used by public authorities to evaluate or classify the reliability of natural persons" (i.e.: biometric identification in real time)

2) High Risk System: will be those “destined to be used in remote biometric identification in real or deferred time of  people in private spaces; the use in management of the water, electricity and gas supplies; the assignment and determination of access to educational establishments and the evaluation of students; the selection and hiring of people in jobs; the assignment of tasks and the monitoring and evaluation of the performance and conduct of workers; the evaluation of the solvency of people or to establish their credit rating, among others situations.”

3) Acceptable Risk System: Any activity that is not included in the causes defined above (what is clearly being allowed).

On the other hand, in order of monitoring and maintaining the correct use of AI, the same law proposes creating the "National Artificial Intelligence Commission" which will be responsible for ruling on authorization requests submitted by developers, providers and users of AI systems. , as well as develop recommendations to improve the regulation of AI systems.

Finally and very concisely, the non-compliance with the rules contained in this potential law, whether by a developer, provider and/or user, will be penalized with (from) 200 UTM,

 ( aprox USD 15.000) as a tax benefit, the amounts of which may vary depending on various factors; and even the activities described above but that affect systems of unacceptable risk will carry penalties of effective imprisonment, according to the norms contemplated in our Penal Code.

As a conclusion, it is possible to appreciate that the progress made by our country to implement the correct use of AI is booming and in the last two years notable efforts have been made to materialize an inevitable reality from the legal point of view: as AI is now here to stay.




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Contact PersonFelipe Langlois

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