Peru: Law promoting the use of artificial intelligence

On 5 July, Law No. 31814, Law Promoting the Use of Artificial Intelligence (AI), was published, which aims to promote and guarantee the ethical, sustainable, transparent and responsible use of AI within the framework of the national digital transformation process ("Law").

1. Principles established for the development and use of AI, including the following:

1. Risk-based security standards: A risk-based approach is promoted for the development and use of AI;
2. Digital society: Knowledge gained from digital technologies is valued and security, digital economy, digital identity and harnessing emerging technologies for the benefit of society are promoted;
3. Ethical development for responsible AI: It seeks to identify the framework of responsibilities for the use of AI
4. Privacy of AI: AI should not infringe on the privacy of individuals.

2. Authority responsible for AI development:

The Secretariat of Government and Digital Transformation of the Presidency of the Council of Ministers is the technical-normative authority responsible for overseeing the use and development of AI and emerging technologies. The authority must promote and drive the following:

1. The development of AI and its adoption as a tool;
2. The creation and strengthening of digital infrastructure;
3. The development of data infrastructure;
4. The adoption of ethical guidelines for the use of AI; y
5. The creation of a collaborative ecosystem in the use of AI.

The authority must immediately report to the Congressional Intelligence Committee any serious threat or breach of national cybersecurity.

The executive branch must approve the regulations of the Law within 90 working days of its entry into force.

You can find the full text of the Law here.

It should be noted that the Law is not the only regulation on AI in Peru. Emergency Decree No. 007-2020, which approves the Digital Trust Framework (available here) establishes, among other obligations, that "public entities and private sector organizations promote and ensure the ethical use of digital technologies, the intensive use of data, such as internet of things, AI, data science, analytics and big data processing." This standard is also pending regulation.

We trust this information will be useful for you. Should you require legal advice on this issue for your company, please do not hesitate to contact us.