Peru - AI Promotion Law (31814)

Overview

Project 2775/2022 was introduced as a congressional initiative to promote the responsible adoption of Artificial Intelligence (AI) across public and private sectors in Peru. The text was approved by the Plenary and enacted as Law No. 31814 (published 5 July 2023). The law sets broad objectives: to foster AI-driven innovation for economic and social development, to prioritize the person and human rights in the adoption of AI, and to declare the promotion of digital talent and emerging technologies as matters of national interest. Rather than setting granular technical rules, the law delegates technical‑normative authority to the Presidency of the Council of Ministers (PCM) and its Secretaría de Gobierno y Transformación Digital (SGTD) to issue regulation and operational guidance. For an authoritative source of the law and its publication details, see the official congressional posting at Law 31814 (Congreso / Gob.pe) and the PCM compendium of the national AI framework at PCM — Framework and norms on AI.

Definitions

The enacted statute provides concise definitions to orient the field, including definitions for “Intelligence Artificial (AI)”, “system based on AI” and “emerging technologies.” AI is defined as a general-purpose emerging technology with potential to improve wellbeing, innovation and economic productivity. A system based on AI is described functionally as an electronic-mechanical system designed to make predictions, recommendations or decisions for human-defined objectives and operating with varying levels of autonomy. The law’s definitions are deliberately technology‑neutral to allow adaptability to future technical developments and to ensure the scope covers software-driven and hybrid cyber-physical AI systems.

Governance and Institutional Framework

Project 2775/2022 led to a governance architecture that places leadership with the Executive branch for implementation. Article 4 of Law 31814 designates the PCM, through the Secretaría de Gobierno y Transformación Digital (SGTD), as the national technical‑normative authority responsible for directing, evaluating and supervising AI and related emerging technologies. The SGTD’s role includes preparing regulatory proposals, issuing implementation guidance, coordinating multi‑stakeholder consultations and reporting to Congress on progress in national AI deployment. The law also contemplates collaboration across ministries and agencies, and coordination with the Autoridad Nacional de Protección de Datos Personales (ANPD) for data protection matters. The PCM/SGTD published a compendium and launched a public consultation process for the draft Reglamento (see the PCM project pages and the published drafts at PCM — Draft Regulation (public consultation)), and later issued the formal regulation by decree (Decreto Supremo N.° 115-2025-PCM).

Key Focus Areas

The bill and the resulting law emphasize a set of strategic priorities that form the backbone of Peru’s AI governance: (1) a risk-based safety standard approach that asks regulators to scale obligations by the degree of potential harm; (2) protection of fundamental rights — including non-discrimination, privacy and due process — as core constraints on system design and deployment; (3) transparency and explainability so that stakeholders understand AI-driven decisions; (4) promotion of plural participation by civil society, academia, industry and government to ensure inclusive policy-making; (5) capacity building and promotion of digital talent to strengthen the national AI ecosystem; (6) ethics and sustainability as cross-cutting principles for AI research and application; and (7) international alignment with leading norms and standards while adapting to Peru’s socioeconomic context. Subsequent regulation fleshes out sectoral concerns — for example, higher scrutiny for AI used in health, justice, social benefits, or public safety — and prescribes operational mechanisms for impact assessments, registries and documentation obligations.

Implementation Framework

Because Law 31814 is principles-based, implementation occurs primarily through the Reglamento and administrative instruments issued by PCM/SGTD. The implementation framework includes: public consultation processes (documented rounds in 2024 that collected thousands of comments), issuance of lineamientos (guidelines), risk classification systems distinguishing normal from high-risk and prohibited/indebido uses (introduced in regulatory drafts and formalized in later regulation), technical guidance on impact assessments, and institutional mandates for inter-agency coordination. The SGTD is explicitly tasked to approve standards, guides and complementary norms; to set up technical fora; to monitor objectionable uses; and to issue annual diagnostic and progress reports to Congress. Public-sector pilot programs and incentive mechanisms for private-sector R&D were also foreseen as part of implementation efforts to accelerate adoption while managing risk.

Monitoring and Evaluation

Law 31814 mandates continued oversight by PCM/SGTD and contemplates monitoring mechanisms and reporting obligations. The SGTD is expected to develop metrics and monitoring instruments to track adoption, incidents, risk exposures and capacity-building outcomes. The regulation and subsequent administrative acts specify requirements for documentation and recordkeeping to enable audits and post-deployment evaluation. The SGTD’s reporting channel to Congress (annual reports) forms a transparency loop to inform legislative review and further policy adjustments. Public consultations and stakeholder feedback loops are central evaluation tools used during regulatory drafting phases.

Penalties, Liability, and Appeals

The law itself sets principles and institutional responsibility but delegates enforcement mechanisms to regulation. The Reglamento and subordinate administrative instruments describe enforcement options, which typically include administrative sanctions (orders to suspend or remediate systems, fines and corrective measures), publication of non‑compliance findings, and referral to sectoral regulators or prosecutorial authorities in cases involving criminal conduct. Liability and remedies for harmed individuals are addressed through existing civil and administrative channels; the regulation clarifies administrative procedures and appeals paths for decisions issued by SGTD or other competent authorities. For data protection violations, the Autoridad Nacional de Protección de Datos Personales (ANPD) retains sanctioning competence under Peru’s data protection regime.

Relationship to Other Instruments

Law 31814 and the implementing Reglamento operate alongside Peru’s broader digital governance framework, including the Law of Government Digital (Decreto Legislativo N° 1412), the Systema Nacional de Transformación Digital (Decreto de Urgencia N° 006-2020) and the national data protection framework (Law N° 29733 and ANPD rules). The PCM/SGTD’s coordination role is expressly designed to ensure interoperability and prevent regulatory conflicts: technical standards, procurement rules, public-sector digital transformation programs and sectoral regulation (health, finance, justice) must be harmonized with the AI framework. The law explicitly declares alignment with national digital transformation goals and sustainable development objectives.

International Alignment

Project 2775/2022 and Law 31814 were drafted with an eye to international developments and best practices. Although Peru’s statute is shorter and more promotional than comprehensive regimes such as the EU AI Act, the Reglamento and related instruments incorporate risk-based concepts and prohibited-use lists similar to international proposals (e.g., biometric mass surveillance and predictive profiling). The law supports international cooperation, standards adoption and exchanges of best practices; policy-makers repeatedly referenced international instruments and regional dialogues during consultations, and the SGTD monitors international indices to adapt national policy (see PCM consultation materials and later Decreto Supremo documents).

Implementation Timeline

Sources and References