Chile - AI Use in Government (Oficio No. 711/2023)

Overview

The instrument is an administrative circular prepared by the Ministry of Science, Technology, Knowledge and Innovation (MinCiencia) together with the Division of Government Digital (DGD) of the Ministerio Secretaría General de la Presidencia (Segpres). Announced on 14 December 2023 and circulated as Oficio No. 711/2023, it entered into effect on 1 January 2024 and is addressed to the heads of Chilean public services and to named ministerial and agency addressees. It is explicitly presented as a set of recommended "lineamientos" — guidance for public bodies to adopt when they decide to develop, procure or operate tools based on systems of artificial intelligence. The circular frames AI adoption as an opportunity to improve public services while stressing ethics, non‑discrimination and data protection. Primary documentation is available from the Ministry of Science: MinCiencia news and the original PDF circular published by the Ministry: Oficio No. 711/2023 (PDF).

Definitions

The circular uses operational definitions appropriate for administrative guidance: "tools based on systems of intelligence artificial" (tools/systems that produce predictions, recommendations or decisions from input data); "Coordinators of Transformation Digital" (internal focal points in each public body responsible for digital transformation matters); "DGD" (Division of Government Digital); and references to Chilean legal concepts such as "datos personales" (personal data) governed by Law No. 19.628 and subsequent modifications. The document distinguishes generative AI services (text/image/audio) from other algorithmic decision support tools and emphasizes concepts such as transparency, explainability, human‑centred design and proportionality in use. For the authoritative text see the original circular PDF: Oficio No. 711/2023.

Governance and Institutional Framework

The circular assigns a coordinating and monitoring role to the DGD (Segpres) while situating MinCiencia as a policy and technical leader in AI matters for the State. It recommends that each service appoint or use an existing "Coordinator of Transformation Digital" to act as the institutional contact for AI matters and to provide the DGD with requested information. The document was distributed to an extensive list of ministers and senior agency heads (the PDF includes a distribution list that names dozens of ministries and agencies). The instrument therefore creates an inter‑agency supervisory fabric for guidance implementation and positions the DGD to follow up by requesting reports and data. Relevant official sources: the MinCiencia announcement and the circular text itself, accessible at MinCiencia news and Oficio No. 711/2023 (PDF).

Key Focus Areas

The circular organizes guidance into four main categories: (i) AI centred on people, (ii) transparency and explainability, (iii) privacy and data use, and (iv) other measures (capacity building, good practice references and institutional learning). Under "AI centred on people" it foregrounds impact assessment, a rights‑protective approach and explicit prohibitions on arbitrary discrimination in categories protected by the Constitution and law. Under "transparency and explainability" it recommends that agencies inform the public, via adequate channels and clear language, when AI systems are used in service delivery or in decisions that could affect fundamental rights. "Privacy and use of data" requires compliance with data protection law (Law No. 19.628 and its reforms) and specifically cautions against uploading personal or sensitive data to third‑party generative AI platforms that have not been contracted by the state body. The "other measures" section encourages training of public servants and cross‑referencing to practical guides (such as the DGD ethical formulation guide and other public administration best practice documents). The circular cites and requires compliance with existing technical decrees issued by Segpres to strengthen cybersecurity and platform quality (Decrees No. 7 and No. 11 of 2023).

Implementation Framework

Implementation is advised via each entity's Coordinator of Transformation Digital, who must act as the interface with the DGD and respond to information requests. Agencies are advised to: evaluate if AI is the appropriate solution; carry out human‑centred design processes including, where appropriate, public consultations; document data sources and model purposes; avoid use of sensitive personal data in uncontrolled generative models; and comply with Segpres technical norms on security and platform quality. The circular positions MinCiencia and the DGD to develop future guidance and to facilitate compliance, but does not create administrative penalties in the text—the main compliance mechanism is administrative oversight and information requests by the DGD. For implementation text and specific reporting instructions, see the circular: Oficio No. 711/2023 (PDF).

Monitoring and Evaluation

The circular tasks the DGD with follow‑up powers: the DGD may oficiar (issue official requests) to agencies and the Director(a) of Data of the DGD may request information from Coordinators of Transformation Digital. The document sets out channels for delivery of requested information and anticipates periodic reporting that will allow the DGD and MinCiencia to collect empirical evidence about deployments in order to inform future regulatory decisions. The circular therefore functions as an evidence‑gathering instrument as well as guidance, enabling policy evaluation and iterative adjustment of rules or the development of binding instruments if necessary. The published PDF and press announcement describe the DGD's monitoring role: MinCiencia news and Oficio No. 711/2023 (PDF).

Penalties, Liability, and Appeals

The circular is presented as recommended guidance and does not itself create new administrative sanctions or criminal penalties. It instructs agencies to comply with existing laws (notably data protection and cybersecurity decrees) that carry their own enforcement regimes. The circular indicates administrative follow‑up via DGD information requests and reserves the possibility of further measures or referrals to competent oversight bodies (for example, the Contraloría General de la República or sectoral supervisors) where statutory infractions or serious risks are identified. In practice, liabilities and appeals would follow existing legal processes under Chilean administrative, data protection and public law frameworks rather than the circular itself. See the circular text for precise wording: Oficio No. 711/2023 (PDF).

Relationship to Other Instruments

The circular explicitly references and requires compliance with existing technical decrees and norms issued by Segpres, notably Decree No. 7 (Norma Técnica de Seguridad de la Información y Ciberseguridad, 2023) and Decree No. 11 (Norma Técnica de Calidad y Funcionamiento de las plataformas electrónicas, 2023). It also situates itself alongside MinCiencia's National AI Policy, the government's draft AI bill and other sectoral regulations (health, justice, electoral processes) that may apply when AI is used in regulated domains. The circular instructs agencies to consult jurisprudence and recommendations of the Consejo para la Transparencia and to align with guides produced by the DGD and other public innovation labs. Official references are included in the PDF: Oficio No. 711/2023.

International Alignment

Although a domestic administrative instrument, the circular cites the importance of aligning Chilean practices with international standards and comparative frameworks. MinCiencia frames Chile as a Latin American leader in AI policy and notes parallels with international efforts such as the EU AI Act's risk‑based approach and global ethical guidance. The circular's emphasis on transparency, data protection and human‑centred design mirrors common international principles and prepares Chilean agencies to integrate future transnational requirements. See MinCiencia commentary: MinCiencia news.

Implementation Timeline

Sources and References