On November 19, 2024, the Presidency of the Council of Ministers of Peru opened for comments a new draft regulation of Law No. 31814 on the promotion of artificial intelligence in favor of the country's economic and social development (the AI Law), following a previous draft published on May 2, 2024.

What are the main aspects of the AI Law?

The AI Law provides for:

• definitions of key terms, such as 'artificial intelligence,' and 'privacy of artificial intelligence;'
• guiding principles for the development of artificial intelligence (AI), providing that AI should be centered on the protection of human dignity, ethics, non-discrimination, and risk-based security standards;
• oversight of the development of AI by the Secretary of Government and Digital Transformation and its tasks;
• obligations of public administration entities, including ensuring compliance with the principles for the development of AI, compliance with the standards for software development, and strengthening AI governance through specific measures;
• measures to evaluate and minimize the risks of the use of AI, classifying risk as unacceptable and high risk;
• specific obligations for public and private entities using high-risk AI, including elaborate notices that detail the processing of data by the AI system and employ security by design;
• mandatory tagging of content generated by AI;
• information security measures related to AI, including encryption, Privacy by Design, audits, and training and awareness;
• specific measures related to the transparency and privacy for the use of AI systems, such as complying with the applicable data protection laws;
• specific channels to communicate misuse of AI systems; and
• restrictions on the use of cloud-based services by the public administration.

You can read the press release here and the draft regulation here, both only available in Spanish.