In 2021, Peru drafted an ambitious National Artificial Intelligence Strategy (ENIA) for 2021-2026, aiming to accelerate national development while promoting digital inclusion. However, after a public consultation period ended in June 2021, efforts to finalise and implement the strategy have stalled.
The draft strategy outlined key objectives including enhancing AI talent, promoting AI adoption for economic development, strengthening digital infrastructure, facilitating data access, adopting ethical guidelines, and fostering collaboration. It also proposed creating a national AI innovation center and a registry of public sector AI algorithms.
While the AI strategy remains in limbo, Peru has made significant progress on data protection. The country's Personal Data Protection Law, passed in 2011 and updated in 2017, provides comprehensive protections for personal data. It establishes principles like legality, purpose limitation, proportionality, and data quality that data controllers must follow.
The law also created the National Personal Data Protection Authority (ANPD) to enforce regulations and impose sanctions for violations. As a member of the Ibero-American Network for Data Protection, Peru has endorsed recommendations for AI data processing.
Peru's data protection law does not explicitly guarantee algorithmic transparency or the right to object to automated decisions. However, it does provide some protections, including the right not to be subject to decisions based solely on automated processing that produce legal effects.
The draft AI strategy proposed creating a registry of public sector AI algorithms, but it remains unclear if this would be publicly accessible. Overall, algorithmic transparency remains a challenge in Peru.
Peru has deployed facial recognition technology in various sectors, raising privacy concerns. In 2022, a municipality was sanctioned for inadequate security measures in its video surveillance system. The ANPD has also investigated the use of facial recognition in university admissions.
Peru has ratified key human rights treaties and is rated as "Free" by Freedom House, though corruption remains a significant challenge. The country has endorsed the OECD AI Principles and the UNESCO Recommendation on AI Ethics, signalling its commitment to developing AI responsibly.
Peru has also joined international efforts to regulate autonomous weapons systems, calling for legally binding prohibitions.
While Peru has laid some groundwork for AI governance through its data protection regime and international commitments, the lack of a finalised national AI strategy is concerning. As AI applications expand, Peru faces the challenge of implementing comprehensive regulations that protect citizens' rights while fostering innovation.
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/