Costa Rica does not yet have a dedicated national AI strategy, but is taking significant steps to develop one. In 2023, the Ministry of Science, Technology and Telecommunications (MICITT) signed a declaration of intent with UNESCO to develop an AI strategy aligned with UNESCO's AI ethics recommendations. This move came alongside two draft bills on AI governance proposed in the same year - one focused on regulation and another on the responsible promotion of AI.
While a comprehensive strategy is still forthcoming, Costa Rica has not ignored AI in its existing plans. The country's Digital Transformation Strategy 2023-2027 includes developing a National AI Strategy as a key action item. Furthermore, the National Plan on Science, Technology and Innovation 2022-2027 incorporates AI as a thematic area, focusing on developing technical capabilities and competencies. The country has also expressed intentions to build a National Laboratory for AI to drive cross-sector solutions and promote research.
Costa Rica boasts a strong framework for public participation in policymaking, supported by its robust democratic institutions. The MICITT regularly publishes public consultation opportunities on its website and social media platforms, encouraging citizen engagement. This approach was evident in the development of initiatives like the National Plan on Science, Technology and Innovation, where public input was actively sought. However, it's worth noting that there have not yet been public consultations specifically on AI policies.
In the realm of data protection, Costa Rica has established comprehensive laws. Law No. 8968 protects personal data handling, while Law No. 7975 specifies unauthorised disclosure of personal data as a crime. Oversight of these laws is managed by the independent Agency for Protection of Citizen's Data (Prodhab). In a significant move in 2021, Costa Rica reformed its data protection law based on the EU's GDPR model and adopted the Council of Europe's Convention 108 on data protection, further strengthening its privacy framework.
Costa Rica has demonstrated a strong commitment to ethical AI and human rights. The country has endorsed both the OECD AI Principles and UNESCO Recommendation on the Ethics of AI, signaling its alignment with international best practices. This commitment to human rights extends beyond AI, with Freedom House considering Costa Rica "Free" and awarding high scores for political rights and civil liberties. Additionally, the country has been a vocal advocate on the international stage for banning lethal autonomous weapons systems.
Despite its progress, Costa Rica faces several challenges in its AI journey. There is currently no specific legislation on algorithmic transparency or AI-specific regulations. The use of AI in courts and hiring processes has raised concerns about bias and lack of transparency. Furthermore, the country's data protection authority has not endorsed key global privacy assembly resolutions on AI, potentially leaving gaps in AI governance.
Costa Rica is actively engaged in international AI initiatives, demonstrating its commitment to global cooperation in this field. The country joined the Global Partnership on AI in 2022 and participates in the fAIr Latin America and Caribbean initiative on ethical AI. Costa Rica is also contributing to the Council of Europe's work on an AI convention, further cementing its role in international AI policy discussions.
This country report is our interpretation and summary of the "CAIDP Artificial Intelligence & Democratic Values Index 2023". The full report can be found here - https://www.caidp.org/reports/aidv-2023/