We share the Letter to the Editor written by our senior associate of the IP, Tech and Data group, Antonia Nudman, who referred to the new bill to regulate the use of Artificial Intelligence (AI) presented by the Government.
Mr. Director: The Government has just announced the presentation of a new bill to regulate the use of Artificial Intelligence (AI). In 2023, Bill Bulletin No. 15869-19 had already been presented; this initiative, without prejudice to being an advance in the matter, was not without criticism.
This happened due to the multiple requirements placed on the development of this type of technology. This situation meant that the projects were subject to prior authorization from the National AI Commission, made up of members without technical accreditation in the field.
The project announced by the Government has a different approach, which seems to better fit the reality and needs of the technology industry in Chile.
It categorizes managers in accordance with their roles and, based on this, they are given responsibilities depending on their participation as suppliers, importers, distributors or operators.
In this way, the risk will be qualified by the manager himself and, in case of non-compliance, sanctions would be applied. On the other hand, there is an interest in evaluating institutional coherence and coordination, by attributing supervisory powers to the National Agency for the Protection of Personal Data. It is hoped that the regulation that is approved will be harmonious with the reality of our country.
