Digital rights defenders: How free legal support shaped Peru’s AI bill

Artificial Intelligence (AI) has rapidly integrated into the digital landscape all around the world. The initial surge in AI adoption has been followed by a wave of global regulation aimed at managing associated risks, much of it based on European or US contexts.

In Latin America, pro bono lawyers from seven leading law firms joined forces to create a comprehensive regional report on AI regulation for digital rights nonprofit Access Now.

The analysis, which identifies regulatory patterns, gaps and priorities, is now being used by policymakers and advocates across the region to promote a coherent, human-rights based approach that addresses challenges specific to Latin America.

A complex context

In the flurry of AI regulation, Latin America has seen over 300 initiatives to regulate AI in the region. These have largely been influenced by European models, which are often inappropriate for regional contexts and needs.

It is essential that these regulatory efforts respect and protect international human rights standards, and are tailored to local realities. The ever-growing number of initiatives is also resulting in a lack of clarity, with no consolidated regulatory approach.

Access Now is a global nonprofit defending and extending the digital rights of people and communities at risk. They have argued that the absence of a coherent regional approach highlights the need for a clearer understanding of the diverse regulations in progress.

International expertise and analysis

TrustLaw connected Access Now with seven leading law firms: Bruchou & Funes de Rioja in Argentina; ECIJA Legal Costa Rica, ECIJA Legal Mexico and ECIJA Legal Uruguay; Mattos Filho Marrey Jr. e Quiroga Advogados in Brazil; Cariola Díez Peréz-Cotapos & Cia. Ltda. in Chile; Baker McKenzie in Colombia; Osterling Abogados. in Peru; and Steptoe LLP in the United States.

The firms provided pro bono support to analyse the draft laws, public policies and strategies on AI in their respective countries. These contributions enabled Access Now to develop a comparative analysis covering regulations in Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru and Uruguay, and contrasting them with those in the European Union and the United States.

Impact and influence

The report is now helping to boost understanding of AI regulatory challenges and trends across the region, enabling awareness, advocacy and regulation to progress human rights-focused models that also promote sustainable growth.

The tool is already helping to guide and inform regulators, and educate journalists, lawyers and university students from different countries. Present applications range from its use by regulators in Peru – who are drawing on it to inform draft regulation under the AI Act – to academic use by universities in Argentina and Uruguay.

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