In December 2020, Spain unveiled its National Strategy for Artificial Intelligence (ENIA), allocating €600 million for implementation from 2021 to 2023. The ENIA aims to generate trust in inclusive and sustainable AI development, focusing on scientific research, digital capabilities, infrastructure, economic integration, public administration use, and establishing an ethical and regulatory framework.
In July 2021, Spain released the Charter of Digital Rights, which aims to protect individual and collective rights in digital environments. The Charter addresses issues such as algorithmic transparency, non-discrimination in AI systems, and the right to human intervention in automated decision-making processes.
Spain's AI strategy is part of broader initiatives, including the 2025 Digital Agenda and the Plan for Recovery, Transformation, and Resilience. The country aspires to become a global leader in AI integration into a digitalised economy, emphasising "humanist digitalisation" and human-centric AI development.
Spain has played a significant role in shaping European AI policy, particularly during its Presidency of the Council of the EU in the second half of 2023. The country was instrumental in securing a compromise on the EU AI Act, especially regarding regulations for general-purpose AI systems.
Spain has endorsed various international AI principles and frameworks, including the OECD AI Principles, the UNESCO Recommendation on the Ethics of AI, and the Bletchley Declaration from the AI Safety Summit. The country is also a member of the Global Partnership on AI and has contributed to the development of the Council of Europe's Framework Convention on AI, Human Rights, Democracy, and the Rule of Law.
As an EU member state, Spain is subject to the General Data Protection Regulation (GDPR) and has implemented additional national legislation to supplement it. The Spanish Data Protection Agency (AEPD) is currently the main national supervisory authority for AI-related issues, pending the full operationalisation of the new Spanish Agency for the Supervision of Artificial Intelligence (AESIA).
In August 2023, Spain created AESIA as the first dedicated AI oversight agency in the European Union. However, concerns exist about the agency's independence, as its presidency is assumed by a government official, and its governing council comprises representatives from various ministries.
Spain has taken steps to promote algorithmic transparency, both through its data protection framework and specific initiatives. The AEPD has published guidelines on GDPR compliance for AI systems, emphasising the need for explainability and transparency in automated decision-making processes.
The country has also approved the Ibero American Charter on Artificial Intelligence in Civil Service, which provides a roadmap for implementing AI in public administration while addressing ethical concerns and protecting fundamental rights.
Spain maintains a high score for political rights and civil liberties according to international assessments. The country's approach to AI governance emphasises ethical considerations and human rights protection, as reflected in its national strategy and international commitments.
The Charter of Digital Rights and recent legislation on equal treatment and non-discrimination establish specific obligations for public administrations regarding the use of AI algorithms, including transparency requirements and impact assessments to prevent discriminatory bias.
While Spain has made significant progress in developing a comprehensive AI strategy and regulatory framework, challenges remain. These include ensuring the independence and effectiveness of the new AI oversight agency, balancing innovation with privacy and human rights protections, and implementing the EU AI Act's requirements at the national level.
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/