CHILE Law and Practice Contributed by: Claudio Magliona, Bárbara Reyes and Diego Lisoni, Magliona Abogados
renewable energies in AI development was included as an objective. Action Plan With regard to the Action Plan of the new nation - al AI policy, which translates the Policy into con - crete measures to be implemented until 2031, the following targeted measures stand out: • the upskilling and reskilling of workers, with new training courses; • connectivity, with the deployment of the Humboldt submarine cable to start operating in 2025, and the feasibility study of a subma - rine cable to the Antarctic Continent; • the National Data Centre Plan to boost the country’s data industry; • permitting, to simplify regulatory and moni - toring procedures to obtain the necessary permits for the installation of critical infra - structure for the development of AI (eg, data centres); • the review and update of the R&D Law to make it suitable for the development and implementation of AI systems; • data governance technical roundtables, to propose legal and/or administrative measures that provide a common framework for data governance in the country; and • regulatory sandboxes in sectors such as logistics, health, security and fintech. Consumer Protection SERNAC issued an interpretive circular on con - sumer protection against the use of AI systems. This circular includes a series of interpretive rules that aim to establish the meaning and scope of the regulations on the protection of consumer rights, and the protection of personal data that SERNAC is responsible for monitoring, in the face of risks derived from AI systems in the context of a consumer relationship:
• the delivery of truthful, timely and transparent information; • safeguarding of the freedom of choice; • consumer safety; • prohibition of all arbitrary discrimination; and • protection of consumers’ personal data. Public Sector In the public sector, the current institutional eco - system of AI governance is led by the Ministry of Science and the Interministerial Council for Sci - ence, Technology, Knowledge and Innovation. In this sense, the different ministries that make up the institutional ecosystem could potentially exercise their regulatory competences in the field of AI. In this regard, the Ministry of Science and the Digital Government Division of Chile published a circular in mid-December 2023 with “Recom - mended Guidelines for the Use of AI by State Agencies”, which started to be implemented during 2024. The circular contains recommen - dations related to human-centred AI guidelines; transparency and explainability; as well as pri - vacy and data use. National Data Centres Plan 2024–2030 On 5 December 2024, the National Data Cen - tres Plan 2024–2030 (“PDATA”) was officially published by the Ministry of Science of Chile, and this was promoted in the context of the Min - isterial Cabinet Pro-Growth and Employment of the Government. The plan aims to promote the growth of the data centre industry; promote a decentralised industry, with low socio-environ - mental impact, that is supported by renewable energies; and strengthen the country’s research and development capabilities, especially those focused on AI.
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