Technical

Inteligencia Artificial (IA)

AI refers to systems simulating human intelligence to assist or enhance judicial processes, ensuring responsible use.

How the laws define this

Regulators consistently view artificial intelligence as machine-based systems or technologies capable of performing tasks and making decisions by emulating human capabilities such as learning, reasoning, and problem-solving. Every instrument recognizes that these systems handle complex tasks like decision-making or content generation. Crucially, the texts diverge on the requirement of autonomy and structural framing. The Ley para la Regulación de la Inteligencia Artificial en Costa Rica strictly defines these systems by their ability to operate autonomously. Conversely, the Protocolo para el Uso Responsable de Inteligencia Artificial Generativa en el Poder Judicial de Santa Fe treats autonomy as a variable trait, focusing instead on machine-based systems that infer outputs from inputs to influence physical or virtual environments. Further differing from both, the Protocolo para el uso de la Inteligencia Artificial en el Poder Judicial de Jujuy defines AI as a broader field of computer science and specifically narrows its local application to systems used to assist or enhance judicial processes.

Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

JurisdictionInstrumentStatusWhat is distinctive
Jujuy, ArgentinaProtocol for the Use of Artificial Intelligence in the JudiciaryIn ForceAdds specific examples of tasks like learning, problem-solving, decision-making, and understanding language, and explicitly narrows to systems used to assist or enhance judicial processes.
ArgentinaProtocol for the Responsible Use of Generative Artificial Intelligence in the Judicial Power of Santa FeIn ForceSpecifies machine-based systems that infer outputs like predictions, content, recommendations, or decisions influencing environments, with varying levels of post-implementation autonomy and adaptability.
Costa RicaLaw for the Regulation of Artificial Intelligence in Costa RicaUnder ReviewLimits to a set of technologies and algorithms enabling autonomous task performance and decision-making, emulating human perception, learning, and reasoning.

What it triggers

  • In the Protocol for the Use of Artificial Intelligence in the Judiciary of Jujuy, Argentina, it sets out ethical standards and human oversight for judicial personnel using AI.source
  • In the Protocol for the Responsible Use of Generative Artificial Intelligence in the Judicial Power of Santa Fe, Argentina, it sets guidelines for responsible and ethical use ensuring human oversight and protecting fundamental rights.source
  • Under the Law for the Regulation of Artificial Intelligence in Costa Rica, it would regulate AI development and use through ethical standards and institutional oversight.source

Definitions (3)

A field of computer science that aims to create machines capable of performing tasks that typically require human intelligence, such as learning, problem-solving, decision-making, and understanding language. In the context of the Protocol, it refers to systems used to assist or enhance judicial processes.

Machine-based systems that, for explicit or implicit objectives, infer from received input how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. These systems vary in their levels of autonomy and adaptability post-implementation.

A set of technologies and algorithms that allow computer systems to perform tasks and make decisions autonomously, emulating human capabilities of perception, learning, and reasoning.

Not to be confused with

Sistema de inteligencia artificial

Refers specifically to a machine-based system producing outputs from inputs as per the EU AI Act, while this term is broader across judicial and general AI contexts.

system of artificial intelligence

Describes a computational system making predictions, recommendations or decisions, narrower than the task-oriented or generative emphases in these definitions.

Questions and answers

What outputs can generative AI produce in Santa Fe guidelines?

It infers outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. Systems vary in autonomy and adaptability.

How does the Costa Rica bill define AI capabilities?

It defines AI as technologies and algorithms allowing autonomous task performance and decisions, emulating human perception, learning, and reasoning.