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Chile: Guidelines for the use of artificial intelligence (AI) tools in the public sector

Manuel Bernet, Jorge Tisné

Bofill Mir - On December 11, 2023, the Circular on the guidelines for the use of Artificial Intelligence (AI) tools in the public sector ("the Circular") in Chile was published.

It is intended to update the organs of the Public Administration in the use of these technologies, in order to increase efficiency in public management, strengthen citizen confidence in the State, increase productivity and competitiveness in the country and encourage investment, innovation and entrepreneurship in new technologies.

I. BACKGROUND:

The vertiginous growth of AI and related technologies in recent times implies the need for the organs of the State Administration to know how these technologies work. Thus, they will be able to apply them in their daily tasks in a beneficial, ethical, conscious, responsible manner and with an approach focused on the fundamental rights of individuals.

The Circular highlights the Government’s efforts to promote the digital transformation of the public sector through the State Modernization Agency 2022-2026. To this end, the Digital Government Division ("DGD") of MINSEGPRES is coordinating a series of policies aimed at updating the use of technological tools in the public sector.

II. RECOMMENDED GUIDELINES FOR THE USE OF ARTIFICIAL INTELLIGENCE TOOLS BY STATE ADMINISTRATION BODIES.

It is recommended to consider the following guidelines:

People-centered Artificial Intelligence:

a. Evaluate whether the use of AI is the most appropriate technological solution.
b. Ensure that people are not arbitrarily discriminated against based on any grounds during the use of AI tools.
c. Involve citizens or civil society, where appropriate, in the design and implementation of AI tools.
d. Attend to the guidelines of the Guide for Ethical Formulation of Data Science Projects, published by the DGD.

Transparency and explainability:

a. Inform the public, through suitable mechanisms, about AI tools in use.
b. If AI tools are used in interaction with citizens, communicate this, through suitable channels.
c. Make available to citizens, through suitable channels, information regarding the use of AI tools in the exercise of their competencies.

Privacy and use of data:

a. Ensure that the processing of personal data when using AI tools complies with Law No. 19,628 or its eventual amendments.
b. Not to introduce personal information in generative AI tools, when these have not been contracted by or developed by or for the State Administration body.
c. Periodically review the studies, recommendations and jurisprudence of the Council for Transparency and other competent authorities.
d. Comply with the provisions of the Technical Standard on Information Security and Cybersecurity and the Technical Standard on Quality and Operation of electronic platforms that support administrative procedures in the bodies of the State Administration, and those other relevant recommendations issued by the Ministry of the Interior and Public Security on cybersecurity.

In October 2021, the Ministry of Science published its National Artificial Intelligence Policy, in order to position Chile in the international community and encourage the beneficial use of this technology. The National Artificial Intelligence Policy is currently in the process of being updated.

By virtue of the above, MINSEGPRES and the Ministry of Science issued the Circular to recommend to the State Administration certain guidelines for a responsible, ethical, safe and transparent use of AI in the public sector. This seeks to establish a precedent that contributes to the construction to a common framework for the use of new technologies in the organs of the State Administration.

Other measures:

a. Ensure the training of civil servants and other public servants in their organization.
b. Pay attention to the guidelines, suggestions and lessons learned contained in the following documents:
(i) Study Data Governance in Ministry of Social Development and Family of the DGD and the Inter-American Development Bank.
(ii) Guide "Allowed to innovate: how can we develop data science projects to innovate in the public sector" of the Government Laboratory.
(iii) Publication "Instituciones transformadoras 2023: buenas prácticas de la Administración Central" by the DGD.

III. COMMUNICATIONS AND FOLLOW-UP OF RECOMMENDATIONS.

In order to follow up on the recommendations, the Head of the DGD, in the exercise of its functions, may directly contact the bodies of the State Administration to request any data or information related to the guidelines of the Circular. The Data Director of the DGD may request, via e-mail, to the Digital Transformation Coordinators, any data or information related to the Circular. In addition, the Digital Transformation Coordinators will inform that another person from their institution has been designated to assume the communication and follow-up tasks, in which case the DGD Data Director should make the information requests to the new designated person.

The Ministry of Science, in conjunction with the DGD, may develop guidelines for the design and implementation of AI-based solutions in the public sector and facilitate compliance with the measures proposed in the Circular.



This legal alert was prepared by the IP, data and technology team of Bofill Mir Abogados for general informational purposes and should not be considered legal advice. In case of questions or comments regarding this information, please contact our team:

Manuel Bernet - Partner - mbernet@bofillmir.cl
Jorge Tisné - Senior Associate - jtisne@bofillmir.cl

Bofillmir.cl

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