On May 2, 2024, the Council of Ministers of Peru published the draft Regulation of Law No. 31814 on the promotion of artificial intelligence in favor of the country's economic and social development.

What are the main provisions of the draft?

The draft provides a series of definitions of terms related to artificial intelligence (AI), including 'automatization bias' which is defined as the tendency to automatically or excessively trust in the results generated by an AI-based system. The draft also defines AI as the emerging general-purpose technology that has the potential to improve people's well-being, contribute to an activity-positive sustainable global economy, increase innovation and productivity, and help respond to key global challenges.

In addition, the draft provides guiding principles for the development of AI, including:

• protection of human dignity;
• sustainability;
• awareness and training in AI;
• safety, proportionality, and reliability; and
• non-discrimination.

Risk-based classification

The draft classifies AI systems based on the risks the systems represent to equitable treatment, transparency, and fundamental rights. The draft classifies high-risk AI systems as systems that have no mechanism to explain the result the AI system reached, or that engage in activities including the following:

• biometric identification and categorization of individuals;
• credit evaluation;
• selection, evaluation, hiring, and termination of employees; and
• activities supporting courts in their decision-making process. 

Moreover, the draft also provides for criteria to determine if an AI system should be classified as unacceptable risk.

Obligations

Implementors of high-risk AI systems have a series of obligations under the draft, including:

• identifying and evaluating the risks generated by the AI system's intended and unintended uses;
• implementing measures appropriate to the risks;
• automatically recording the beginning and end of the AI system's use; and
• incorporating human control that can interrupt, review, and rectify the results or decisions made by the AI system.

Privacy, transparency, and ethical use of AI

The draft also contains provisions concerning the proportionate and adequate measures to be taken in order to ensure personal data protection, as well as previously informing the consumer on the use of AI.

Enforcement

The draft establishes the Secretary of Government and Digital Transformation as the authority responsible for directing, evaluating, and supervising the development of AI and emerging technologies.

Furthermore, comments can be submitted until June 1, 2024, via the dedicated form available here.

You can read the draft, only available in Spanish, here.