Peru - AI Interoperability for Foreign Affairs (07619)

Overview

Project 7619/2023 originally proposed a legal framework to guarantee interoperability (technical, legal, organizational and semantic) and to promote the ethical, responsible and sustainable use of Artificial Intelligence (AI) for services provided by the Ministry of Foreign Affairs, with a priority focus on Peruvian consulates abroad. The project was consolidated with Project 6852/2023, approved by the Pleno del Congreso, and enacted as Law N.º 32082 on 2 July 2024. The law instructs the Ministry to implement progressive digital transformation in consular offices following the National Digital Transformation Policy and to cooperate with other State entities to enable real-time, secure data exchange while safeguarding statutory exceptions and personal data protections. The Ministry later issued implementing regulations by Decreto Supremo N.º 015-2025-RE; see the Ministry publication at RREE - Decreto Supremo N.º 015-2025-RE.

Definitions

The bill (and the enacted law) relies on several core definitions: "interoperability" (technical, legal, organizational, semantic interoperability enabling data exchange and functional cooperation between systems), "artificial intelligence" (systems or software that perform tasks that would otherwise require human intelligence, including automated decision-support and language-based agents), "consular services" (the functions and services provided by consulates and the Ministry to nationals abroad and to citizens in Peru where consular processes apply), "data controller" and "data processor" (roles for entities handling personal data), and "safeguards" (technical, organizational and legal measures to protect personal data, fundamental rights and system integrity). These definitions align the text with Peru's existing digital transformation and data protection frameworks (notably Law 29733 and related norms) and with the scope described in the substitute text approved by Congress.

Governance and Institutional Framework

The consolidated proposal designates the Ministry of Foreign Affairs as the primary implementing and coordinating authority for consular digital transformation, in the framework of the National Digital Transformation Policy. The law requires the Ministry to: (i) lead design and roll-out of interoperable consular platforms; (ii) coordinate with registry and public information holders (e.g., RENIEC, Superintendencia de Migraciones, SUNARP, ONPE) to enable secure data exchange; (iii) adopt governance arrangements for procurement, system accreditation and third-party service use; and (iv) integrate ethical AI principles and privacy-by-design into architectures. The Decreto Supremo N.º 015-2025-RE establishes detailed responsibilities and creates implementation chapters addressing institutional coordination, technical standards, and publication of a digital roadmap; see the official regulation at RREE - Reglamento Ley N.º 32082.

Key Focus Areas

The law and the bill emphasize several focus areas: (1) Interoperability — ensuring secure, permanent and cost-free cooperation and unlimited consultation across public information systems relevant to consular services while protecting exceptions by law; (2) Ethical AI use — promoting transparent, explainable, non-discriminatory AI applied to service-delivery tasks (e.g., automated form pre-filling, chatbots, document validation), with human oversight for critical decisions; (3) Data protection — adherence to existing personal data rules and implementation of technical safeguards (encryption, access logs, pseudonymization); (4) Inclusion and continuity — alternative physical or digital channels for entities lacking technological capacity, accessibility provisions and 24/7 service availability targets; (5) Risk and security — cybersecurity measures, risk assessments and incident reporting; and (6) International cooperation — alignment with international standards and exchange protocols facilitating cross-border consular assistance. These focus areas reflect the combined objectives of the original Project 7619 and the substitute text enacted as Law N.º 32082.

Implementation Framework

Implementation is to be progressive and staged. The Ministry must prepare a digital transformation roadmap and an interoperability agenda, detailing prioritized services, milestones, technical standards, API and data schemas, and risk mitigation measures. The implementing regulation (Decreto Supremo N.º 015-2025-RE) provides modalities for: system accreditation, procurement of AI and cloud services, data-sharing agreements, privacy impact assessments, and training for consular staff. The regulation also requires the Ministry to publish its implementation timeline and to integrate the transformation into the Platforma Digital Única del Estado Peruano for transparency and reuse of digital services components.

Monitoring and Evaluation

Monitoring is split across internal and external controls: the Ministry must report progress to the Presidency of the Council of Ministers and Congress committees; internal audits and independent evaluations (including impact and algorithmic audits) are expected. The regulation establishes reporting obligations (periodic implementation reports) and requires metrics on availability, timeliness, user satisfaction, incidents and compliance with privacy and security standards. The Ministry should also coordinate with national supervision bodies (e.g., Autoridad Nacional de Transparencia, data protection authority) for evaluations tied to rights protection and service quality.

Penalties, Liability, and Appeals

The enacted law focuses on governance, interoperability and responsible AI use and envisages that non-compliance may trigger administrative and disciplinary measures under existing administrative law. Liability for harms (privacy breaches, faulty automated decisions) is governed by the applicable civil, administrative and criminal framework; the regulation clarifies reporting, remediation and redress channels for affected citizens. The Ministry must establish internal procedures for citizen complaints and administrative appeals, and serious incidents may be referred to supervisory authorities and judicial processes as prescribed by law.

Relationship to Other Instruments

Project 7619 and the enacted Law N.º 32082 operate within Peru's broader digital governance ecosystem. They reference and must be implemented in coherence with: the National Digital Transformation Policy; data protection law (Law N.º 29733 and its regulations); sectoral legal obligations of RENIEC, SUNARP, ONPE and Migraciones; public procurement rules; and cybersecurity mandates. The law does not replace these instruments but creates an interoperability and AI adoption layer for consular services, specifying cooperation obligations and safeguards while deferring to sectoral competencies for certain sanctions and data protection enforcement.

International Alignment

The bill and the enacted law explicitly reference international best practices and the desire to align Peru’s consular digital transformation with international standards (e.g., OECD recommendations on digital government, data protection norms and emerging AI governance frameworks). The Ministry has signalled that the law aims to facilitate international cooperation, simplify cross-border procedures for nationals abroad and support Peru’s digital diplomacy objectives. This international alignment is further advanced through the regulatory text and operational guidance which cite international norms and encourage participation in multilateral technical interoperability initiatives.

Implementation Timeline

Sources and References