Chile | Personal Data Protection Law: the pillar of the regulation of artificial intelligence

29 Jan, 2024 | Noticias-en

The imminent technological evolution leads us to recognize the importance of robust regulation that addresses the challenges posed by artificial intelligence (AI). At an international level, examples such as “The Artificial Intelligence Act” of the European Union and the Executive Order in the United States show the need for legislation that establishes guidelines and supervises the development of this powerful technology.

In Latin America, and particularly in Chile, we face the challenge of advancing regulations, learning from comparative experiences to avoid errors. However, we face significant obstacles, especially since the Bill on the Protection of Personal Data is still awaiting approval. This situation makes legislative discussion on more complex issues difficult, such as the regulation of AI systems, which has already been approved in general and has advanced to its particular discussion.

It is essential to recognize that the lack of an updated law on the protection of personal data, combined with little experience in implementing practices to reduce risks or conducting impact assessments, represents a significant challenge to responsibly moving forward in the regulation of issues. as relevant as this. In that sense, updating the Law on the Protection of Personal Data is presented as the fundamental pillar to progress in any regulatory framework related to technology.

We understand that artificial intelligence uses data of various types, including personal data, which must be used and protected appropriately. Likewise, we cannot ignore how the decisions made by these systems directly impact people’s rights. An illustrative example would be the selection of individuals for waiting lists in the health sector or the allocation of educational scholarships. In both cases, in the absence of updated legislation and lacking practical experience in the responsible use of this type of data, the risk of abuse and discrimination by artificial intelligence systems is significant.

This Sunday, January 28, was International Data Protection Day, an ideal time to look forward with optimism, anticipating that the mixed commission can reach agreements in March on the issues on which the chambers have not yet reached consensus. This advance will mark the conclusion of the legislative process and open a new chapter in Chile’s technological regulation.

By Constanza Pasarin and Trinidad Moreno, associates of the compliance group of Albagli Zaliasnik (az).

Source: Diario Financiero


You might be interested