Comprehensive overview of AI laws, policies, and regulatory frameworks across Latin America — covering Brazil, Argentina, Chile, Colombia, Mexico, Uruguay, Peru, and regional initiatives.
Comprehensive Reference Last Updated: February 2026 7+ Jurisdictions
Latin America has emerged as an increasingly active region in AI governance, with several countries developing comprehensive frameworks that balance innovation promotion with rights protection. The region’s approach is distinctive in its emphasis on social inclusion, digital rights, and the protection of vulnerable populations — reflecting the unique socioeconomic context of the region.
Regional Context: Latin America faces unique AI governance challenges including significant digital divides, informal economies, historical inequalities, and strong civil society traditions around human rights and data protection. Brazil’s LGPD data protection law (modeled on GDPR) has set a regional precedent, and several nations are now building AI-specific frameworks on top of strong data protection foundations. The Inter-American Development Bank (IDB) and Organization of American States (OAS) have been catalytic in promoting regional coordination.
Innovation ecosystem, public sector AI, ethical guidelines
Chile
National policy + neuro-rights
National AI Policy (2021); Neuro-rights Amendment (2021)
Active; globally pioneering on neuro-rights
Neuro-rights world first, responsible AI, talent development
Colombia
Ethics framework + policy
CONPES 3975 (2019); AI Ethics Framework (2021)
Active
Ethical AI, public sector transformation, digital economy
Mexico
Strategy + proposals
National AI Strategy (2018); legislative proposals
Strategy in revision
Digital inclusion, AI for development, cross-border data
Uruguay
Strategy + data protection
AI Strategy (2019); Data Protection Law
Active
Digital government, data economy, regional leadership
Peru
National strategy
National AI Strategy (2021)
Active
AI for public services, digital transformation, inclusion
2. Brazil Brazil
Brazil is at the forefront of AI governance in Latin America and the developing world. As the largest economy in the region and home to a rapidly growing AI ecosystem, Brazil has been developing comprehensive AI legislation that could serve as a model for other nations in the Global South.
2.1 AI Bill (PL 2338/2023)
The Brazilian AI Bill (Projeto de Lei 2338/2023) is the most comprehensive AI legislation effort in Latin America. Originally introduced as PL 21/2020 and substantially revised by a commission of jurists in 2022, the current version draws heavily on the EU AI Act model while incorporating distinctly Brazilian elements.
Legislative Journey: Brazil’s AI legislative process has been among the most thorough globally, involving a dedicated commission of jurists, extensive public consultations, contributions from academia, civil society, and industry, and detailed analysis of international models. The bill has been through multiple revisions in both the Senate and Chamber of Deputies.
Key Provisions
Area
Provisions
Details
Principles
Foundational values for AI development and use
Human centrality and human dignity; prevention of discrimination; transparency and explainability; safety and security; privacy and data protection; environmental sustainability; accountability
Risk Classification
Tiered approach based on potential harm
Excessive Risk: Prohibited applications (social scoring by government, subliminal manipulation, exploitation of vulnerabilities) High Risk: Mandatory impact assessments, human oversight, documentation (biometrics, autonomous vehicles, healthcare, criminal justice, employment, credit, education) Non-High Risk: Voluntary best practices, transparency requirements
Individual Rights
Rights of people affected by AI systems
Right to explanation of AI decisions; right to contest automated decisions; right to human review; right to information about AI system use; right to non-discrimination; right to correction of data
Governance
Institutional framework
Competent authority to be designated (ANPD likely); AI impact assessments for high-risk systems; algorithmic auditing requirements; incident reporting; sandbox for innovation
Liability
Accountability for AI harm
Fault-based liability with burden reversal for high-risk AI; obligation to maintain insurance or financial guarantees; solidarity between developers and deployers in certain cases
Generative AI
Specific provisions for foundation models
Labeling requirements for AI-generated content; transparency about training data; copyright considerations; deepfake disclosure obligations
2.2 LGPD (Lei Geral de Proteção de Dados)
Brazil’s General Data Protection Law (LGPD), enacted in 2018 and fully effective since 2020, provides a robust foundation for AI governance through data protection. Modeled on the GDPR, the LGPD is enforced by the National Data Protection Authority (ANPD).
LGPD Provisions Relevant to AI
Article 20 — Automated Decision-Making: Data subjects have the right to request review of decisions made solely based on automated processing that affect their interests, including profiling decisions. This is one of the most significant AI-relevant provisions in Latin American law.
Legal Bases for AI Training: Legitimate interest, consent, research (with anonymization), and public policy can serve as legal bases for processing personal data in AI systems
Data Protection Impact Assessment (RIPD): ANPD can require impact assessments for processing activities that pose high risk to data subjects, including AI-driven profiling
Algorithmic Transparency: Data controllers must provide clear and adequate information about the criteria and procedures used in automated decisions
International Data Transfers: Restricted to countries with adequate protection or under specific safeguards; affects global AI training data flows
Penalties: Up to 2% of revenue in Brazil (capped at R$50 million per violation); ANPD has begun active enforcement
2.3 Brazilian AI Strategy (EBIA)
The Estratégia Brasileira de Inteligência Artificial (EBIA), published in 2021 by the Ministry of Science, Technology and Innovation (MCTI), outlines Brazil’s strategic vision for AI across nine thematic axes.
Nine Strategic Axes
#
Axis
Key Actions
1
Legislation, Regulation & Ethics
AI regulatory framework; ethical guidelines; rights protection; regulatory sandboxes
2
AI Governance
Institutional coordination; multi-stakeholder governance; international cooperation
3
International Aspects
Diplomatic engagement; bilateral agreements; participation in OECD, G20, UNESCO frameworks
4
Education
AI literacy programs; STEM education reform; university AI programs; reskilling initiatives
5
Workforce & Training
Professional development; industry-academia partnerships; digital skills for informal sector
6
R&D and Innovation
Research funding; AI labs and centers; startup ecosystem support; technology transfer
7
AI Application in the Public Sector
Government AI adoption; digital public services; efficiency improvements; transparency tools
8
AI Application in the Private Sector
Industry AI adoption; SME digitalization; AI clusters; investment attraction
9
Public Safety
AI for law enforcement (with safeguards); cybersecurity; disaster response; border management
2.4 Key Regulatory Bodies
Body
Role
Website
ANPD
National Data Protection Authority; LGPD enforcement; likely AI Act authority
Argentina has been an early mover in Latin American AI policy, publishing one of the region’s first national AI plans. While comprehensive AI legislation is still developing, Argentina has built a robust policy ecosystem combining national strategy, ethical guidelines, and sector-specific initiatives.
3.1 National AI Plan (Plan Nacional de IA, 2019)
Published by the Secretariat of Science, Technology and Innovation, Argentina’s National AI Plan established the country’s strategic vision for AI development and governance.
Strategic Pillars
Public Policy: AI as a tool for improving public services; evidence-based policymaking; government efficiency through automation
Economic Development: AI-driven innovation in agriculture, energy, manufacturing, and services; support for AI startups and ecosystem
Human Capital: AI education and skills development; university research programs; digital literacy for all citizens
Data & Infrastructure: Open data initiatives; computing infrastructure investment; data governance frameworks
Ethics & Regulation: Responsible AI development; rights protection; alignment with international standards
3.2 AI Recommendations (Disposición 2/2023)
The Secretary of Public Innovation issued recommendations for AI use in the public sector, establishing guidelines for government AI procurement and deployment.
Transparency: Government agencies must disclose use of AI in decision-making processes
Human Oversight: AI-assisted government decisions must include human review, especially for rights-affecting decisions
Impact Assessment: Agencies should conduct impact assessments before deploying AI systems
Data Quality: Training data for government AI must meet quality and representativeness standards
Non-discrimination: AI systems must be tested for bias, particularly against marginalized populations
3.3 Personal Data Protection (Law 25.326)
Argentina’s Personal Data Protection Law (2000, with amendments) provides foundational protections relevant to AI. Argentina was one of the first countries outside Europe to receive EU adequacy status.
Consent Requirements: Personal data processing generally requires informed consent
Purpose Limitation: Data collected for one purpose cannot be used for unrelated AI training without consent
Cross-border Transfers: Transfers restricted to countries with adequate protection; Argentina has EU adequacy status
Reform Proposals: Updated data protection law under discussion to modernize framework and address AI-specific issues
Chile has gained global recognition as a pioneer in AI governance, particularly through its groundbreaking neuro-rights legislation — the first of its kind in the world. Chile’s approach combines constitutional innovation with a comprehensive national AI policy.
4.1 Constitutional Neuro-Rights Amendment (2021)
In October 2021, Chile became the first country in the world to constitutionally protect neuro-rights. The amendment to Article 19, No. 1 of the Chilean Constitution establishes that scientific and technological development must be at the service of people, protecting mental integrity and brain activity.
Global First: Chile’s neuro-rights amendment is a landmark in global governance. Championed by Senator Guido Girardi and informed by the work of neuroscientist Rafael Yuste (Columbia University’s NeuroRights Initiative), the amendment addresses the emerging threat of neurotechnology and brain-computer interfaces (BCIs) being used without adequate protections. This is directly relevant to AI systems that interface with or process neural data.
Protected Neuro-Rights
Right
Protection
AI Relevance
Mental Privacy
Brain data cannot be collected, stored, or used without informed consent
BCI devices, emotion recognition AI, neural data processing
Personal Identity
Neurotechnology must preserve individual identity and sense of self
AI manipulation of personality, identity-affecting neural interventions
Free Will
Protection against AI/technology that could constrain or manipulate free will
Subliminal AI influence, neuromarketing, behavioral manipulation systems
Equal Access
Cognitive enhancement technologies must be equitably accessible
Neurotechnology and AI must not introduce algorithmic bias into neural processes
AI systems processing brain data must ensure non-discrimination
4.2 Neuro-Protection Bill (2022)
Complementing the constitutional amendment, Chile’s Neuro-Protection Bill provides detailed implementing legislation. The bill classifies neural data as a special category of personal data requiring heightened protection.
Neural Data as Sensitive Data: Brain data receives the highest level of protection under Chile’s data protection framework
Consent Requirements: Explicit, informed, specific, and revocable consent required for any neural data processing
Purpose Limitation: Neural data can only be used for the specific purpose for which consent was granted
Right to Delete: Individuals can require permanent deletion of their neural data
Commercial Restrictions: Prohibitions on the sale of neural data; restrictions on commercial exploitation of brain information
4.3 National AI Policy (2021)
Chile’s Política Nacional de Inteligencia Artificial, published in 2021, provides a comprehensive strategic framework for AI development and governance through 2030.
Four Strategic Axes
Enabling Factors: AI talent development, digital infrastructure, data governance, R&D investment, computational resources
AI Development & Adoption: Sector-specific AI programs (mining, agriculture, healthcare, public services); startup ecosystem; technology transfer
Ethics, Standards & Regulation: Ethical AI guidelines; regulatory frameworks; standards adoption; alignment with international norms
Social & Economic Impact: Labor market transition; digital inclusion; environmental sustainability; reducing inequality through AI
4.4 Key Institutions
Body
Role
Website
Ministry of Science & Technology
AI policy coordination; research funding; national AI strategy
Colombia has developed one of Latin America’s most comprehensive AI policy ecosystems, combining national strategy with practical ethical frameworks and active implementation in government services. Colombia’s approach emphasizes ethical AI, public sector transformation, and regional leadership.
5.1 CONPES 3975: National AI Policy (2019)
The CONPES Document 3975 (“Política Nacional para la Transformación Digital e Inteligencia Artificial”) is Colombia’s foundational AI policy, adopted by the National Council for Economic and Social Policy. It establishes the vision for AI-driven digital transformation.
Strategic Objectives
Institutional Framework: Establish governance structures for AI across government; create inter-institutional coordination mechanisms
Conditions for Innovation: Invest in digital infrastructure, talent, data, and research to enable AI development
AI Adoption: Promote AI adoption in priority sectors including agriculture, health, justice, and public administration
Ethics & Society: Develop ethical frameworks; manage labor market impacts; ensure inclusive AI development
Regulatory Modernization: Update regulatory frameworks to enable AI innovation while managing risks
5.2 Ethical AI Framework (2021)
Colombia’s Marco Ético para la Inteligencia Artificial provides detailed ethical guidance for AI development and deployment, with particular emphasis on the Colombian context.
Ethical Principles
Principle
Description
Transparency
AI systems must be understandable; decisions must be explainable in appropriate terms
Accountability
Clear responsibility chains for AI outcomes; auditing and oversight mechanisms
Privacy
Data protection throughout AI lifecycle; compliance with Habeas Data law
Fairness & Non-discrimination
AI must not perpetuate or amplify existing social inequalities
Beneficence
AI development should prioritize human welfare and societal benefit
Safety & Security
AI systems must be technically robust, safe, and resistant to misuse
Human Control
Humans must maintain meaningful control over AI systems, especially in critical decisions
5.3 AI Sandbox & Government AI
Centro de la Cuarta Revolución Industrial (C4IR Colombia): WEF-affiliated center promoting responsible AI adoption in government and industry
Government AI Projects: AI for judicial efficiency; land registry automation; tax fraud detection; health services optimization
Regulatory Sandboxes: Supervised environments for testing AI applications in financial services and public administration
5.4 Statutory Law 1581 (Habeas Data)
Colombia’s Habeas Data law (2012) and related regulations provide data protection foundations for AI governance:
Consent-based data processing regime with specific protections for sensitive data
Rights of access, correction, and deletion applicable to AI-processed data
Superintendence of Industry and Commerce (SIC) as enforcement authority
Cross-border transfer restrictions with adequacy requirements
6. Mexico Mexico
Mexico, as the second-largest economy in Latin America, has developed AI strategies focused on inclusive digital transformation and economic competitiveness. While comprehensive AI legislation is still in development, Mexico has an active policy ecosystem and growing AI industry.
6.1 National AI Strategy (2018)
Mexico was among the first Latin American countries to publish a National AI Strategy in 2018, developed with support from the UK government and the Oxford Internet Institute.
Research & Development: Strengthening AI research capacity; university programs; international research collaboration
Skills & Education: Digital literacy programs; AI workforce development; STEM education reform; bridging digital divides
Data & Infrastructure: Open government data; computing infrastructure; digital connectivity (particularly rural areas)
Ethics: Responsible AI development; rights protection; addressing inequality through AI
6.2 Legislative Proposals
Multiple AI-related bills have been introduced in Mexico’s Congress, though none have been enacted as of early 2026:
AI Regulation Bill (2023): Proposed comprehensive framework including risk classification, transparency obligations, and institutional oversight
AI & Employment Protection: Proposals to protect workers from AI-driven displacement; retraining requirements; severance provisions for AI-related layoffs
Deepfake Regulation: Bills addressing AI-generated disinformation and deepfakes, particularly in electoral contexts
Algorithmic Transparency: Proposals requiring government agencies to disclose use of AI in public decision-making
6.3 Data Protection (LFPDPPP)
Mexico’s Federal Law on Protection of Personal Data Held by Private Parties (LFPDPPP) and its public sector counterpart provide data protection foundations:
ARCO Rights: Access, Rectification, Cancellation, Opposition rights applicable to AI-processed data
INAI: National Institute for Transparency, Access to Information and Personal Data Protection; enforcement authority
Consent Framework: Purpose limitation and consent requirements for personal data processing in AI
Cross-border Transfers: Restrictions with recipient country safeguard requirements
7. Uruguay Uruguay
Uruguay has emerged as a regional leader in digital governance and AI, leveraging its strong institutional framework, high digital connectivity, and progressive policy environment. Despite its small size, Uruguay’s AI governance model has been recognized internationally.
7.1 AI Strategy for Digital Government (2019)
Published by the Agency for Electronic Government (AGESIC), Uruguay’s AI Strategy focuses on responsible AI adoption in government services.
Principles: Transparency, accountability, equity, privacy, safety, human oversight
Government Applications: AI for healthcare triage, social service delivery, tax administration, education analytics
Open Data: Strong open data ecosystem supporting AI innovation and government transparency
Regulatory Approach: Principles-based governance; integration with existing data protection framework
7.2 Data Protection (Law 18.331)
Uruguay’s comprehensive data protection law provides strong foundations for AI governance. Uruguay has EU adequacy status, facilitating international AI data flows.
EU Adequacy: One of few Latin American countries with GDPR adequacy recognition
URCDP: Regulatory and Control Unit for Personal Data as enforcement authority
Automated Decisions: Rights related to automated profiling and decision-making
8. Peru & Other Nations Peru
8.1 Peru
Peru adopted its National AI Strategy in 2021, focusing on using AI to address national development challenges including poverty reduction, healthcare access, and government efficiency.
Strategic Focus: AI for public services (health, education, agriculture); talent development; research and innovation
Ethical Guidelines: Principles of transparency, fairness, privacy, and accountability
Data Protection (Law 29733): Personal data protection law providing foundation for AI data governance
Government AI Projects: AI in national identification systems; healthcare diagnostics; agricultural planning
8.2 Costa Rica
National AI Strategy (2022): Focus on AI for economic development, public services, and environmental sustainability
Data Protection: Law 8968 on Protection of Persons regarding the Processing of Personal Data
Green AI: Emphasis on using AI for environmental protection and climate change mitigation, consistent with Costa Rica’s environmental leadership
8.3 Dominican Republic
AI Strategy (2022): National strategy for AI adoption in government and key economic sectors
Digital Transformation: AI as part of broader digital transformation agenda; focus on tourism, healthcare, and education
8.4 Ecuador
AI White Paper (2022): Government assessment of AI opportunities and challenges
Organic Law on Data Protection (2021): New comprehensive data protection law with provisions relevant to AI
8.5 Paraguay
AI Strategy Development: Early stages of national AI strategy development with IDB and UNESCO support
Digital Agenda: AI integration into broader national digital transformation plans
9. Regional Frameworks (OAS, IDB, ECLAC)
Several regional organizations have played catalytic roles in promoting AI governance across Latin America, providing coordination, technical assistance, and policy guidance.
9.1 Organization of American States (OAS)
The OAS has been active in promoting AI governance across the Americas through policy development and capacity building.
CITEL Recommendations: Inter-American Telecommunication Commission guidance on AI in telecommunications and digital infrastructure
CAJP AI Reports: Committee on Juridical and Political Affairs reports on AI and human rights in the Americas
Capacity Building: Technical assistance programs helping member states develop AI policies and governance frameworks
Human Rights Integration: Emphasis on integrating Inter-American human rights standards into AI governance
9.2 Inter-American Development Bank (IDB)
The IDB has been one of the most influential actors in Latin American AI governance, providing funding, research, and technical support.
Initiative
Description
Impact
fAIr LAC
Initiative promoting responsible use of AI in Latin America and the Caribbean
Country assessments, policy recommendations, implementation support for 12+ countries
AI Readiness Index
Assessment of AI readiness across LAC countries
Benchmarking tool; identifies gaps in infrastructure, talent, governance
Algorithmic Impact Assessments
Tools and methodologies for assessing AI impact in public sector
Piloted in multiple countries; standardized assessment frameworks
Technical Assistance
Direct support for national AI strategy development
Supported AI strategies in Peru, Ecuador, Paraguay, Trinidad and Tobago
9.3 UN ECLAC
The Economic Commission for Latin America and the Caribbean (ECLAC) provides research and policy analysis on AI’s economic and social impacts in the region.
Digital Economy Studies: Research on AI’s impact on labor markets, productivity, and inequality in LAC
Policy Recommendations: Evidence-based guidance on AI governance tailored to regional development context
Regional Cooperation: Facilitating knowledge sharing and best practice exchange among LAC countries
9.4 UNESCO Implementation in LAC
Several Latin American countries have been active implementers of the UNESCO Recommendation on the Ethics of AI (2021):
Readiness Assessments: Multiple LAC countries have conducted UNESCO RAM (Readiness Assessment Methodology) assessments
Policy Alignment: National AI strategies increasingly reference and align with UNESCO principles
South-South Cooperation: LAC countries sharing AI governance experiences with other Global South nations through UNESCO platforms
10. Comparative Analysis
10.1 Regulatory Approach Comparison
Dimension
Brazil
Chile
Colombia
Argentina
Mexico
Primary Approach
Comprehensive legislation
Constitutional + policy
Ethics framework + policy
Strategy + emerging regulation
Strategy + proposals
Risk Classification
Yes (EU-influenced tiers)
Policy-based
Ethical risk assessment
Under development
Proposed
Binding AI Law
Advanced (PL 2338/2023)
Neuro-rights (constitutional)
No (framework-based)
Developing
Proposed
Data Protection
LGPD (GDPR-level)
Law 19.628 + reforms
Habeas Data (Law 1581)
Law 25.326 (EU adequate)
LFPDPPP
Automated Decision Rights
Yes (LGPD Art. 20)
Neuro-rights
Limited
Limited
Limited
Global Innovation
LGPD + comprehensive AI bill
World-first neuro-rights
Ethics framework depth
Early national AI plan
Inclusive AI focus
EU Adequacy
No (under discussion)
No
No
Yes
No
11. Trends & Future Outlook
11.1 Key Regional Trends
Rights-Based Approaches
Latin American AI governance is distinctively rights-oriented, building on the region’s strong human rights traditions. Brazil’s AI Bill emphasizes individual rights, Chile has constitutionalized neuro-rights, and Colombia frames AI through ethical principles. This approach contrasts with more market-oriented frameworks in other regions and may influence Global South governance models.
Global South Leadership
Latin American countries are increasingly positioning themselves as leaders in AI governance for the Global South. Brazil’s comprehensive AI legislation, Chile’s neuro-rights innovation, and regional cooperation through fAIr LAC demonstrate how developing nations can shape global AI norms rather than simply importing frameworks from the EU or US.
Data Protection as Foundation
The region’s strong data protection ecosystem (LGPD, LFPDPPP, Habeas Data laws) provides a solid foundation for AI governance. Countries are building AI-specific frameworks on top of existing data protection infrastructure, creating layered regulatory approaches that leverage established institutional capacity.
️ Social Inclusion Focus
Latin American AI policies consistently emphasize social inclusion, digital equity, and addressing inequality — reflecting the region’s socioeconomic context. AI governance frameworks explicitly address the digital divide, protection of vulnerable populations, and equitable access to AI benefits. This focus is particularly relevant given the region’s significant informal economies and inequality levels.
Regional Cooperation
Unlike some regions where AI governance development has been predominantly national, Latin America benefits from strong regional cooperation through the IDB, OAS, ECLAC, and bilateral partnerships. This cooperation has accelerated policy development and promotes harmonization, though significant variation between countries persists.
11.2 Future Developments to Watch
Brazil AI Bill: Final passage and implementation of PL 2338/2023 will create the region’s first comprehensive AI law; designation of competent authority; implementing regulations
Chile Neuro-Rights Implementation: Implementing legislation and enforcement mechanisms for neuro-rights; potential expansion of protections; influence on other countries
Mexico AI Legislation: Legislative developments under current administration; potential for comprehensive framework
Argentina Data Protection Reform: Modernization of data protection law with AI-specific provisions
Regional Harmonization: Increasing coordination through Mercosur, Pacific Alliance, and regional bodies
Generative AI Response: Regional approaches to ChatGPT, deepfakes, and AI-generated content, particularly in electoral contexts
LGPD Enforcement Maturation: ANPD enforcement actions related to AI and automated decision-making