Teguh Darmawan, Counsel at Hogan Lovells, delves into the 2024 ASEAN Guide on AI Governance and Ethics, which offers practical strategies to ensure responsible artificial intelligence (AI) deployment across the region.

In this Insight article, Romina Redondo, Attorney and Privacy Professional, delves into the findings from the first Latin American Artificial Intelligence Index (LAAII) and explores how regional developments might address relevant challenges and opportunities.

The EU Artificial Intelligence Act (EU AI Act) has set an important precedent for the rest of the world and will likely have an impact on Latin American countries' approach to artificial intelligence (AI) regulation. Latin American and privacy regimes have been influenced by the European approach - albeit most jurisdictions have not updated their frameworks after the advent of the General Data Protection Regulation (GDPR). However, the so-called Brussels effect could be especially problematic in the realm of AI, given the unique needs and opportunities specific to Latin America, some of which were outlined in the first LAAII.¹ Key LAAI findings relevant to AI governance are discussed below, along with some recent developments at the country and regional levels.

India's commitment towards the promotion and development of artificial intelligence (AI) was recently highlighted in the Union Budget of 2024-25 that was announced by the Indian government in July 2024. The Budget allocated $65 million exclusively to the IndiaAI Mission, an ambitious $1.1. billion program that was announced earlier this year to focus on AI research and infrastructure in India. It has also widely been reported that the Ministry of Electronics and Information Technology (MeitY) is in the process of formulating a national AI policy, which is set to address a wide spectrum of issues including the infringement of intellectual property rights and the development of responsible AI. As per reports, MeitY is also analyzing the AI framework of other jurisdictions to include learnings from these frameworks in its national AI policy. Part I of this series focussed on understanding the regulatory approaches adopted by some key jurisdictions like the EU and the USA. In Part two, Raghav Muthanna, Avimukt Dar, and Himangini Mishra, from INDUSLAW, explore measures that India can adopt, and lessons it can take from such markets, in its journey in the governance of AI systems.

While the EU Artificial Intelligence Act (the EU AI Act) rightly garners attention as the world's first comprehensive regulatory scheme governing the development and use of AI technologies, other guidelines and principles have paved the way for policymakers on both sides of the Atlantic to think carefully about managing the risks while reaping the benefits of AI. Among them is the Ibero-American Personal Data Protection Network's (the Network) 2019 General Recommendations for the Processing of Personal Data in Artificial Intelligence (the AI Recommendations). Crafted before the explosion of generative AI applications such as ChatGPT, the Network's AI Recommendations provide a useful framework for organizations not otherwise subject to the General Data Protection Regulation (GDPR) to consider and incorporate best practices in their creation and use of AI technologies.

Established in 2003, the Network is an association of data protection authorities in Spanish and Portuguese-speaking countries in North, Central, and South America, as well as Brazil, Spain, and Portugal. Among other things, it develops initiatives and projects concerning the protection of personal data in Ibero-American countries. The AI Recommendations were approved by the Network in June 2019.

Christopher E. Hart, Partner at Foley Hoag LLP, discusses the AI Recommendations and how organizations can apply these principles.  

As artificial intelligence (AI) continues to revolutionize various industries and evolve at a rapid pace, its impact is becoming more pronounced, making cybersecurity an essential concern. In the dynamic digital landscape, the scale and sophistication of cyber threats are intensifying, with malicious entities exploiting AI technology to amplify their attack capabilities. Conversely, a growing number of companies are harnessing AI technologies to develop advanced cybersecurity solutions aimed at enhancing protection and resilience against these threats. The complex interplay between AI and cybersecurity is thus reshaping the digital terrain. In this article, Anne-Gabrielle Haie and Maria Avramidou, from Steptoe LLP, delve into the cybersecurity risks associated with the use of AI and how these risks are addressed by the European Union's Artificial Intelligence Act (the EU AI Act), which sets out specific cybersecurity obligations. Moreover, they analyze how AI can be a game-changer in bolstering cybersecurity.