Global Data and Cyber Handbook

Peru

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Artificial Intelligence, Profiling and Automated Decision Making
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Are there any restrictions or requirements related to creating profiles of data subjects or utilizing automated decision-making for decisions related to data subjects, including with respect to artificial intelligence?

Last review date: 15 January 2025

Yes.

The restrictions or requirements are as follows:

☒  right to information / transparency requirement

If such restrictions or requirements exist, are they subject to any exceptions?

Last review date: 15 January 2025

Yes.

The exceptions are as follows:

The exception applies if it occurs during the negotiation, conclusion or execution of a contract with the data subject, or in cases of evaluation for incorporation into a public entity, in accordance with law. This is without prejudice to the possibility of defending one’s point of view to safeguard legitimate interests.

Has the data privacy regulator issued guidance on data privacy and artificial intelligence, automated decision-making or profiling?

Last review date: 15 January 2025

No.

Has the data privacy regulator taken enforcement action in relation to artificial intelligence, including automated decision-making or profiling?

Last review date: 15 January 2025

☒         Enforcement activity under existing privacy law

Do other (non-personal data or cybersecurity) laws or regulations impose restrictions on use of artificial intelligence, automated decision-making or profiling?

Last review date: 15 January 2025

☒   Yes, laws in force

If yes, please provide brief details and a link.

Law No. 31814, LAW THAT PROMOTES THE USE OF ARTIFICIAL INTELLIGENCE IN FAVOR OF THE ECONOMIC AND SOCIAL DEVELOPMENT OF THE COUNTRY, was published on 13 June 2023 and has been in force since 14 June 2023. However, it is awaiting the issuance of further regulations for the law to be enforced.

The Law provides general principles on the use of artificial intelligence related mainly to the following:

  1. Risk-based security standards
  2. Internet governance
  3. Public interest
  4. Ethical development for responsible artificial intelligence
  5. Privacy of artificial intelligence

https://busquedas.elperuano.pe/dispositivo/NL/2192926-1

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