Ecuador - AI Ethics Code (2025)

Overview

The Código de Ética para el Uso de la Inteligencia Artificial (AI Code of Ethics) represents a landmark initiative by the Superintendencia de Competencia Económica (SCE) of Ecuador, formally adopted and presented on June 12, 2025, in Quito. This document serves as a foundational ethical framework, specifically designed to guide the responsible and human-centered integration and deployment of Artificial Intelligence within the public sector, with a particular focus on the operations and mandates of the SCE. Its introduction positions Ecuador as a pioneer in Latin America for establishing a comprehensive ethical framework for AI in public administration, aiming to balance technological innovation with the protection of citizens' rights and dignity.

The Code is not merely a set of aspirational statements but a practical guide intended to ensure that all AI implementations within the SCE adhere to strict ethical principles. It addresses critical concerns such as algorithmic bias, data privacy, transparency, and human oversight, which are paramount in the context of public service delivery. By setting clear directives, the SCE aims to foster public trust in AI technologies, promote equitable outcomes, and prevent potential harms associated with automated decision-making processes. This proactive approach underscores Ecuador's commitment to navigating the complexities of the digital transformation responsibly, aligning with global best practices for ethical AI governance.

Definitions

The Código de Ética for the Use of Artificial Intelligence, while primarily a set of principles, implicitly defines several key concepts crucial for its understanding and application. 'Artificial Intelligence (AI)' refers to systems designed to process data, learn, reason, and make decisions, often automating tasks that typically require human intelligence. The Code emphasizes that these systems, within the SCE's context, are to be considered 'technical support' tools, explicitly stating they 'will not substitute the analysis, decision, nor responsibility of public servants,' thereby defining AI as an assistive, rather than a fully autonomous, agent in critical public functions.

Furthermore, 'Ethical Use' is defined through a set of ten core principles, which collectively articulate the expected conduct and outcomes when AI is employed. This includes 'Primacía del juicio humano' (Primacy of human judgment), highlighting the imperative for human oversight and ultimate responsibility. 'Transparencia y explicabilidad' (Transparency and explainability) mandates clear communication about AI's function and results, along with source citation, thereby defining transparency as a fundamental requirement for algorithmic accountability. 'Protección de datos personales' (Personal data protection) is also implicitly defined by requiring adherence to privacy, confidentiality, and security through anonymization, pseudonymization, and informed consent. These definitions collectively establish a benchmark for responsible AI development and deployment within the public sector.

Governance and Institutional Framework

The governance structure for the implementation and oversight of the AI Code of Ethics is primarily centered within the Superintendencia de Competencia Económica (SCE) itself. The SCE, as the adopting institution, is responsible for integrating the Code's directives into all processes involving AI. The Code's application is mandatory across all administrative units and contractual modalities within the SCE, ensuring a consistent and institution-wide commitment to ethical AI practices. This internal governance model is designed to embed ethical considerations at every stage of AI deployment, from initial conceptualization to ongoing operation and evaluation.

A critical component of this framework is the establishment of a dedicated Committee of Ethics of AI within the SCE. This specialized body is tasked with supervising the application of the Code and ensuring its practical compliance. Its responsibilities include overseeing strict supervision mechanisms, facilitating continuous training in digital ethics for public personnel, and conducting periodic audits of AI systems. This institutional arrangement underscores the SCE's commitment to not only adopting ethical principles but also creating robust mechanisms for their enforcement and continuous improvement, positioning the SCE as a leader in ethical digital governance within the Ecuadorian public sector.

Key Focus Areas

The AI Code of Ethics by the Superintendencia de Competencia Económica (SCE) is structured around ten fundamental principles, each addressing a critical aspect of ethical AI deployment. A primary focus is on the 'Primacía del juicio humano' (Primacy of human judgment), emphasizing that AI tools are strictly for technical support and must never replace the analytical capacity, decision-making, or ultimate responsibility of public servants. This principle ensures that human oversight remains central to all AI-driven processes, particularly in areas affecting citizens' rights and public interest.

Another significant area of focus is 'Transparencia y explicabilidad' (Transparency and explainability), which mandates that any administrative action utilizing AI must be clearly identified, with its function and results explained in an understandable manner, and the use of AI cited as a source. This aims to demystify AI operations and build public trust. Furthermore, 'Protección de datos personales' (Personal data protection) is a cornerstone, requiring strict adherence to privacy, confidentiality, and security through measures like anonymization, pseudonymization, and informed consent, in line with existing data protection laws. The Code also prioritizes 'No discriminación y equidad algorítmica' (Non-discrimination and algorithmic equity), prohibiting the use of AI in ways that perpetuate biases or discriminatory effects, and forbidding profiling without verifiable criteria, thereby safeguarding fundamental rights.

Implementation Framework

The implementation framework for the AI Code of Ethics within the Superintendencia de Competencia Económica (SCE) is designed for comprehensive integration across all institutional activities. It mandates that the principles outlined in the Code are to be incorporated into every process that involves the use of Artificial Intelligence. This includes internal administrative procedures, data analysis, decision-support systems, and any public-facing applications of AI. The framework emphasizes a 'compliance by design' approach, encouraging proactive consideration of ethical implications from the initial stages of AI system development and procurement.

To facilitate this, the SCE has committed to providing continuous training for its personnel on digital ethics and data protection. This educational component is crucial for fostering a culture of ethical AI use and ensuring that all employees understand their responsibilities in upholding the Code's principles. Additionally, the implementation framework is supported by a 'Guide for Auditing AI Tools,' which provides practical mechanisms for verifying adherence to the Code. This guide, presented in October 2025, institutionalizes the control mechanisms necessary to ensure that the ethical directives are not only understood but also consistently applied and verifiable in practice, thereby strengthening the overall integrity and accountability of AI use within the SCE.

Monitoring and Evaluation

Monitoring and evaluation of the AI Code of Ethics are integral to its effectiveness and continuous improvement within the Superintendencia de Competencia Económica (SCE). The primary oversight body for this function is the Committee of Ethics of AI, a specialized internal committee established by the SCE. This committee is responsible for actively supervising the application of the Code's principles and ensuring their practical fulfillment across all AI-related activities within the institution. Its mandate includes conducting regular assessments to identify areas of compliance and potential gaps, thereby providing a feedback loop for refinement.

The monitoring mechanisms involve strict supervision protocols, which include periodic audits of AI systems and their outputs. These audits are designed to verify adherence to principles such as transparency, non-discrimination, and data protection, ensuring that AI tools operate as intended and do not produce unintended or harmful consequences. Furthermore, the Code suggests public policies that foster citizen participation in the evaluation of new technologies, indicating an outward-looking approach to accountability. This multi-faceted monitoring and evaluation strategy aims to maintain the integrity of AI use within the SCE, adapt to evolving technological landscapes, and continuously reinforce public trust in ethical AI governance.

Penalties, Liability, and Appeals

While the Código de Ética para el Uso de la Inteligencia Artificial primarily functions as a guideline for ethical conduct within the Superintendencia de Competencia Económica (SCE), it is underpinned by existing legal frameworks that address non-compliance and liability. The Decálogo Ético explicitly states that its principles are of 'strict compliance, conforme al régimen disciplinario previsto' (in accordance with the foreseen disciplinary regime), implying that violations by public servants could lead to internal disciplinary actions. This connects the ethical guidelines to the broader public service regulations in Ecuador, where breaches of conduct can result in administrative sanctions.

For issues related to data protection, the Code aligns with the Ley Orgánica de Protección de Datos Personales (LOPDP), which establishes specific penalties for data privacy infringements. In cases where AI systems lead to discriminatory outcomes or violations of fundamental rights, the general legal framework of Ecuador, including constitutional provisions, would provide avenues for redress and appeals. Although the Code itself does not detail specific monetary penalties or judicial appeal processes, it operates within a legal ecosystem where such mechanisms exist to ensure accountability and provide recourse for affected individuals, thereby reinforcing the imperative for responsible AI development and deployment.

Relationship to Other Instruments

The Código de Ética para el Uso de la Inteligencia Artificial by the Superintendencia de Competencia Económica (SCE) is not an isolated document but is deeply integrated within a broader national and international regulatory landscape. It explicitly draws its authority and alignment from 'principios constitucionales que rigen la administración pública' (constitutional principles governing public administration) and 'el marco normativo sobre transformación digital, protección de datos personales y competencia económica' (the normative framework on digital transformation, personal data protection, and economic competition). This foundational link ensures that the Code operates in harmony with Ecuador's supreme law and other relevant statutes.

Significantly, the Code is also presented as being 'plenamente alineados con la Recomendación de la UNESCO sobre la Ética de la Inteligencia Artificial' (fully aligned with the UNESCO Recommendation on the Ethics of Artificial Intelligence), adopted by Member States in 2021. This international alignment underscores Ecuador's commitment to global ethical standards for AI. Furthermore, the implementation of the Code is supported by adherence to the 'Ley Orgánica de Protección de Datos Personales (LOPDP)' and the 'Esquema Gubernamental de Seguridad de la Información (EGSI),' ensuring robust data privacy and cybersecurity practices. This multi-layered relationship with national laws and international recommendations strengthens the Code's legitimacy and effectiveness.

International Alignment

The Código de Ética para el Uso de la Inteligencia Artificial by the Superintendencia de Competencia Económica (SCE) demonstrates a strong commitment to international best practices and ethical standards in AI governance. A cornerstone of this alignment is its explicit adherence to the 'Recomendación de la UNESCO sobre la Ética de la Inteligencia Artificial' (UNESCO Recommendation on the Ethics of Artificial Intelligence), which was adopted by UNESCO Member States in 2021. This alignment signifies Ecuador's dedication to a human-centered approach to AI, promoting principles such as fairness, transparency, accountability, and respect for human rights in the development and deployment of AI systems.

By embracing the UNESCO Recommendation, Ecuador positions itself within a global movement towards responsible AI. The Recommendation provides a comprehensive framework for ethical AI, covering areas like data governance, environmental sustainability, gender equality, and international cooperation. The SCE's Code, by reflecting these overarching principles, contributes to a more harmonized and globally coherent approach to AI ethics. This international alignment not only enhances the credibility of Ecuador's AI governance efforts but also facilitates cross-border collaboration and the exchange of best practices in the rapidly evolving field of artificial intelligence.

Implementation Timeline

Sources and References