One aspect that took center stage was the gender approach as a substantial pillar in the regulatory field of AI systems.
On October 14, 2024, the Government submitted recommendations to the bill that Regulates Artificial Intelligence Systems (See Bulletin N°16821-19).
These suggested recommendations seek to create a robust regulatory framework, integrating principles of copyright, gender, and respect for privacy with a focus on safety and ethics in the use of AI.
Below, we address the most relevant aspects:
- Restriction to the scope of application of the law.
It is expressly stated that the provisions of the law shall not apply to AI systems used exclusively by end users.
- Definitions
Certain original definitions are supplemented and eliminated. In addition, general-purpose AI system is defined as:
“AI system capable of performing general application functions and having multiple uses, both predictable and non-predictable, such as image recognition, speech recognition, audio processing, video generation, pattern detection, question answering, translation, among others.”
- Principles applicable to AI systems
The principle of diversity, non-discrimination and equity is complemented, expressly including acts aimed at avoiding discriminatory effects, but also “illegal or arbitrary”. It also incorporates two new principles related to the gender approach and copyright and related rights.
- Gender approach
One of the indications that took center stage was the one that positions the gender approach as a substantial pillar in the regulatory scope of AI systems. Thus, promoting gender equality should become one of the intrinsic objects of the standard. This principle is incorporated in the following terms:
“Gender equality: AI systems shall be intended to be developed and used as a tool for the promotion of gender equality and for the elimination of any discrimination based on gender. The data used to train the systems shall be free of gender bias, and the algorithms shall be designed in such a way as to avoid reproducing existing gender inequalities.”
- Copyright and related rights
A new principle is added in this area:
“AI systems shall be developed and used in strict adherence to the copyright regulation in force and to the international treaties signed and ratified by Chile that regulate the matter.”
In addition, the exception of Article 31, related to Law No. 17,336, is modified, indicating that it is lawful to use published works in a legitimate manner for text and data mining without lucrative purposes and for research.
- Addition of new uses of unacceptable-risk AI systems
New unacceptable AI systems are identified, such as those that subliminally manipulate or exploit human vulnerabilities,
Biometric categorization of people and other invasive systems are also prohibited, except for authorized therapeutic exceptions.
- High-risk systems
New limitations are added to this type of AI systems, which refer to the respect of fundamental rights and the prevention of stereotyping, including different factors such as gender or degradation of people.
In addition, new rules are incorporated to legitimize their use, including respect for the law, gender equality, democracy and adequate proportion in the determination of risks in human monitoring mechanisms.
- Fines and sanctions
The original sanctions of the project are maintained, but an additional factor is added to take into consideration in the degree of determination of the fine: “The specific role that the supplier, implementer, authorized representative, importer and/or distributor fulfills in the value chain of artificial intelligence”.
In conclusion, it will be important to be attentive to the future progress of this project, which, we hope, will be processed expeditiously, especially to complement the new regulations on personal data protection and cybersecurity.
Undoubtedly, these three regulations will be structured as a true triad of digital compliance in our country, replicating the best international standards.
For more information on these issues, please contact:
Eugenio Gormáz | Partner | egormaz@az.cl
Ivonne Bueno | az Tech Director | ibueno@az.cl
Antonia Nudman | Senior Associate | anudman@az.cl
Carlos Lazcano | Senior Associate | clazcano@az.cl
Fernanda Rodríguez | Associate | frodriguez@az.cl
Esteban Orhanovic | Associate | eorhanovic@az.cl
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