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AI Legislative Guide

Colombia

(Latin America/Caribbean) Firm Brigard Urrutia

Contributors Carlos Umana

Updated 22 Jan 2025
Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?

Yes. These include: 

  • External Circular No. 2 of 2024
  • Agreement PCSJA24-12243 of 2024
  • OECD AI Principles
Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.
  • External Circular No. 2 of 2024
    This is a guide issued by the Colombian National Authority for Data Protection and Consumer Rights on the use of personal data in artificial intelligence systems. It states that developers, designers and users of AI must comply with Colombian laws governing the collection and processing of personal data in Colombia. Privacy by design and by default should be ensured. It establishes some principles for the use of personal data in these systems: suitability, necessity, reasonableness and proportionality. The principle of accountability requires the identification and classification of potential risks associated with the processing of personal data. Finally, in cases where the AI system is likely to pose high risks to the rights of the data subject, an assessment of its impact on the right to privacy is mandatory.
  • Agreement PCSJA24-12243 of 2024
    This is a guideline issued by the High Council of the Judiciary on the use of artificial intelligence in the justice system. This document includes, among others: Principles for the use of AI, such as the primacy of fundamental rights, ethical regulation, alignment with best practices, collaborative and multi-stakeholder governance, non-substitution of human reasoning, and human oversight and control; the duty of officials to be informed and trained in the use of Generative AI; and guidelines for the implementation of Generative AI projects and solutions.
  • OECD Principles on AI
    Colombia adopted these in 2019. They include inclusive growth, sustainable development and well-being; human rights and democratic values, including fairness and privacy; transparency and explainability; robustness, security, and safety; and accountability.
Which agency regulates the use of AI in your jurisdiction?

This depends on the type of right that is affected. There is no single agency specifically entrusted with this task. Examples include the Superintendence of Industry and Commerce ("SIC"), Colombia's National Authority for Data Protection and Consumer Rights; the National Directorate of Copyright; and the Financial Supervisory Authority.

AI Legislative Guide

Colombia

(Latin America/Caribbean) Firm Brigard Urrutia

Contributors Carlos Umana

Updated 22 Jan 2025