CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
The New National AI Policy 2024–2031 During the year 2023, and as a result of the work carried out by the Ministry of Science with various stakeholders through multiple spaces of participation, the need arose to update the third pillar on “governance and ethics”. The update of this pillar was done in collaboration with UNE - SCO and its readiness assessment methodology (RAM) in the context of its “Recommendations on the Ethics of AI” published in 2021. Thus, in this version, topics such as training new talent, improving infrastructure, empowering citi - zens, boosting industry and creating research funds dedicated to AI were included. Among the main changes introduced in this ver - sion, the following stand out: • The replacement of the word “Ethics” in the title with “Regulation and Institutionality”, emphasising the need to establish a regula - tory framework that provides certainty and promotes the responsible development of AI, aligned with international standards. • In addition, it was complemented by the need for minimum requirements based on criteria of transparency, accountability, and protec - tion of personal data, among others. • A new “Title on International Articulation”, to promote and articulate the discussion on AI governance at the Latin American and Carib - bean level, ensuring a local technical and regulatory discussion consistent with interna - tional regulatory developments. • In the “Title on Safe Digital Ecosystem”, the following objectives were added – to study the impact and to carry out measures to prevent and combat misinformation, digital violence and its effects on mental health. • In the “Title on Environment and Climate Crisis”, fostering the use of non-conventional
change when the New Law comes into force in December 2026. 1.5 AI Regulation The National AI Policy 2024–2031 (the “Policy”), with its respective Action Plan, was officially launched on 2 May 2024. The objective of the Policy is to promote the development and ethical and responsible use of AI in Chile, so that this technology can help to promote the country’s new development and growth model. The 2021 Policy Chile published its first National Artificial Intel - ligence Policy in 2021, which had among its objectives to position Chile at the Latin American level in AI and insert it in the vanguard and global collaboration related to AI, which was based on four cross-cutting principles: AI with a focus on people’s well-being, respect for human rights and security; AI for sustainable development; • Enabling factors, which are the baseline ele - ments that enable the existence and deploy - ment of AI and include talent development, technology infrastructure and data. • Development and adoption, which com - prises the space where AI is developed and deployed, and includes research, technol - ogy transfer, innovation, entrepreneurship, improvement of public services, and technol - ogy-based economic development, among others. • Governance and ethics – being the axis that is composed of various elements, addressing the new discussions arising from AI, includ - ing, for example, addressing AI in consumer protection, privacy, the intellectual property system and cybersecurity, among others. inclusive AI; and globalised AI. The 2021 Policy had three pillars:
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