{"id":12557,"date":"2026-09-03T09:30:00","date_gmt":"2026-09-03T08:30:00","guid":{"rendered":"https:\/\/lawwwing.com\/?p=12557"},"modified":"2026-07-23T15:03:24","modified_gmt":"2026-07-23T14:03:24","slug":"ai-regulation-chile-bill","status":"publish","type":"post","link":"https:\/\/lawwwing.com\/en\/ai-regulation-chile-bill\/","title":{"rendered":"Towards AI Regulation in Chile: the Artificial Intelligence Bill"},"content":{"rendered":"\n
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In May 2024, the Presidency of the Republic introduced the Artificial Intelligence Bill in Chile. The bill is currently before the Senate in its second constitutional review. Its main objective is to strike a balance between promoting technological innovation and economic development while ensuring the protection of fundamental rights.<\/p>\n\n\n\n

This bill is the culmination of a broader public policy strategy that includes the 2023 update of Chile's National AI Policy and the implementation of UNESCO's Readiness Assessment Methodology (RAM).<\/p>\n\n\n\n

In this article, we take a closer look at the bill to examine how Chile intends to regulate artificial intelligence, at a time when only a few months remain before the country's new Personal Data Protection Law (Law No. 21,719) comes into force.<\/p>\n\n\n\n

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Classification of Systems According to Risk<\/h2>\n\n\n\n
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The bill regulates systems based on the risk they pose to citizens and therefore makes a distinction between:<\/p>\n\n\n\n

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Risk category<\/strong><\/td>Cases<\/strong><\/td>Legal Status<\/strong><\/td><\/tr>
Unacceptable<\/strong><\/td>Subliminal Manipulation:<\/strong> Imperceptible techniques that induce actions harmful to physical or mental health. (Exception: Therapeutic purposes with express consent).

Exploitation of Vulnerabilities<\/strong>: Uses that take advantage of age, disability, or socioeconomic situation to alter behavior in a harmful manner.

Sensitive Biometric Categorization<\/strong>: Classification based on sensitive data or inferences from these attributes. (Exception: Authorized therapeutic purposes).

Generic Social Scoring: <\/strong>Evaluation of social behavior that results in discriminatory treatment.

Real-Time Remote Biometric Identification:<\/strong> Prohibited in public spaces. (Exception: Strict use by authorities for public security and criminal prosecution).

Facial Scraping:<\/strong> Non-selective extraction of facial images from the internet or CCTV to create databases.

Emotional State Assessment: <\/strong>Systems that infer emotions in employment, educational, border management, or criminal law enforcement contexts.<\/td>		Forbidden<\/strong><\/td><\/tr>
High Risk<\/strong><\/td>Systems with the potential to significantly affect health, safety, environment, or fundamental rights.<\/td>Regulated<\/strong>:

Risk Management: <\/strong>Iterative and continuous process throughout the entire lifecycle.

Data Governance: <\/strong>Training of models with high-quality and integrity data.

Technical <\/strong>Documentation: Intelligible manuals that demonstrate regulatory compliance.

Event Logging: <\/strong>Traceability of security and operability.

Transparency for Users: <\/strong>Design that enables interpretation of output information.

Human Oversight: <\/strong>Monitoring by trained natural persons to prevent risks.

Cybersecurity: <\/strong>Resilience and accuracy by design and by default.<\/td><\/tr>
Limited Risk<\/strong><\/td>Systems with non-significant risks of manipulation, deception, or error in interaction.<\/td>Transparency <\/strong>(Duty to inform)<\/td><\/tr>
No Obvious Risk<\/strong><\/td>All other systems that do not qualify in the previous categories.<\/td>No specific obligations<\/strong><\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n
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Serious Incidents<\/h2>\n\n\n\n
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Article 13 establishes a mechanism for reporting serious incidents to the Personal Data Protection Agency, with a maximum deadline of 72 hours from when the operator becomes aware of the causal link between the system and the incident.<\/p>\n\n\n\n

These serious incidents are defined as those that cause death, serious harm to health, disruption of critical infrastructure, violation of fundamental rights, or environmental damage.<\/p>\n\n\n\n

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Institutional Framework: Governance and Supervision<\/h2>\n\n\n\n
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For governance and regulatory compliance, the bill is based on two oversight bodies:<\/p>\n\n\n\n