Chile - AI Tools Guidelines (711/2023)

Overview

Oficio Circular N° 711 (11 December 2023) provides recommended lineamientos for the use of AI tools by Chilean public administrations and was published as an official PDF by the Ministry of Science and distributed to public services. The circular is expressly non‑binding in the sense that it issues recommendations rather than new statutory obligations, but it binds conceptually to existing legal duties (for example, data protection under Law N° 19.628 and cybersecurity norms in Decree N° 7/2023 and Decree N° 11/2023). It aims to encourage a harmonised approach to AI across ministries and agencies, promote trust, reduce risks to rights, and collect operational information that may feed future binding regulation. The official PDF of the circular is published by the Ministry of Science; the government announcement and distribution note is available on the Ministry press page. For the original text see Oficio Circular N° 711 (PDF) and the MinCiencia press release Goverment publishes circular for responsible AI use.

Definitions

The circular does not provide an extensive glossary but relies on established references. Key terms as used or implied: 'tools based on AI systems' (herramientas basadas en sistemas de inteligencia artificial) — systems that produce predictions, recommendations or automated outputs influencing public administration processes; 'generative AI' — models that produce content (text, images, etc.); 'Coordinators of Digital Transformation' — agency officials responsible for implementing digital transformation and acting as the primary contact for DGD inquiries; 'DGD' — Division of Government Digital within Segpres, which will monitor and request information; 'personal data' and 'sensitive personal data' — as understood under Law N° 19.628. The circular references other technical and ethical instruments, such as the DGD/Universidad Adolfo Ibáñez 'Guía de Formulación Ética de Proyectos de Ciencia de Datos'.

Governance and Institutional Framework

The circular sets a clear institutional architecture for follow‑up and coordination without creating new enforcement agencies. It assigns the Division of Government Digital (DGD) in Segpres a central coordinating and monitoring role: the DGD Head may oficiar (issue official requests) to agencies and the DGD Director of Data may request AI‑related information via email from Coordinators of Digital Transformation. MinCiencia and the DGD are invited to produce complementary guidance for the design and implementation of AI solutions and to facilitate compliance with the recommended measures. Distribution of the circular to a broad list of ministers and senior institutional actors signals whole‑of‑government reach. The instrument therefore embeds a light supervisory approach where administrative follow‑up, information collection and technical guidance are the principal governance tools rather than immediate sanctions. See the published PDF for the specific distribution list and monitoring procedure: Oficio Circular N° 711.

Key Focus Areas

The circular organises its recommendations into four main pillars: (1) People‑centred AI — requiring evaluation of whether AI is the appropriate tool, preventing arbitrary discrimination, and involving citizens and civil society in design and implementation when rights may be affected; (2) Transparency & Explainability — requiring agencies to inform the public when AI tools are used in service delivery or in decision‑support roles (including explicit disclosure where chatbots or virtual assistants interact with users) and to publish accessible information on algorithmic use that may impact fundamental rights; (3) Privacy & Data Use — requiring strict compliance with Law N° 19.628, prohibiting the upload of personal/sensitive data into generative AI not contracted or developed by the agency, and requiring attention to relevant jurisprudence and recommendations from the Council for Transparency (Consejo para la Transparencia); and (4) Other Measures — including staff training, reference to ethical guidance documents, and adherence to existing technical standards on cybersecurity and platform quality (Decrees N° 7 and 11 of 2023). These focus areas align the circular with broader policy goals such as responsible innovation, risk mitigation and rights protection. For text citations and further context, consult the circular PDF and the MinCiencia announcement: MinCiencia press release and Oficio Circular N° 711 (PDF).

Implementation Framework

Implementation is decentralised to each agency but coordinated through their Coordinators of Digital Transformation, who must respond to requests from the DGD Director of Data and may designate alternate contacts. Agencies are recommended to adopt internal practices: assess whether AI is the best solution, embed non‑discrimination checks into model development and deployment, adopt explainability measures and accessible disclosures, ensure personal data is processed lawfully and avoid using sensitive data on third‑party generative systems, and train personnel. MinCiencia and the DGD may issue further, more detailed implementation guidance. The circular also references concrete technical instruments already in force — Decree N° 7/2023 on Information Security & Cybersecurity and Decree N° 11/2023 on platform quality/operation — tying implementation obligations to those binding standards. The circular therefore functions as both a policy compass and a connector to binding technical norms: source text.

Monitoring and Evaluation

Monitoring relies on administrative information flows rather than ex post sanctions in the circular itself. The DGD Head and the DGD Director of Data can request data and reports from Coordinators of Digital Transformation; responses must be delivered to a specified email address. The circular anticipates that this initial monitoring will deliver preliminary and detailed information about regulatory and coordination challenges, which may inform the design of future binding instruments or adjustments to national policy. MinCiencia’s press material reiterates that the circular is a first step toward a common framework and that its follow‑up will inform potential regulatory actions: MinCiencia announcement.

Penalties, Liability, and Appeals

The circular itself does not create new criminal, civil or administrative penalties. It emphasises compliance with existing binding rules (e.g., Law N° 19.628 on personal data and the 2023 technical decrees on security and platform quality) which contain their own enforcement regimes. Thus, failure to follow the circular’s recommendations is not directly penalised by the circular, but non‑compliance with underlying statutory obligations (data protection, cybersecurity or administrative procedure laws) may trigger liability or sanctions under applicable law. The circular’s practical enforcement path is administrative oversight, information requests and subsequent specification of binding instruments as needed.

Relationship to Other Instruments

Oficio Circular N° 711 explicitly situates itself within Chile’s existing AI and digital governance architecture: it complements the 2021 National AI Policy (and its 2024 update), the government’s Plan and legislative proposals regulating AI, Decrees N° 7 and N° 11 (2023) on cybersecurity and electronic platform quality, and guidance produced by the DGD (including the 'Guía de Formulación Ética de Proyectos de Ciencia de Datos'). It is also referenced by other oversight bodies such as the Consejo para la Transparencia in developing transparency‑related recommendations. The circular is therefore a policy‑level connector intended to harmonise administrative practice and guide agencies pending any future statutory regime.

International Alignment

The circular aligns Chile’s public‑sector AI guidance with international ethical and policy trends (emphasis on human‑centred AI, transparency, non‑discrimination, and data protection). It references international standards and regional developments indirectly through the National AI Policy and the government’s participation in international fora. The instrument’s pillars mirror OECD and UNESCO ethical recommendations and are consistent with the global move toward explainability, accountability, and privacy protections while preserving national implementation flexibility.

Implementation Timeline

Event	Date
Signature / Issue date (Oficio Circular N° 711)	2023-12-11
Public announcement (MinCiencia press release)	2023-12-14
Operational entry into effect (as announced)	2024-01-01
Initial DGD monitoring requests (ongoing / per administrative cycles)	2024 onward

Sources and References

Source	Type
Oficio Circular N° 711 — Lineamientos para el uso de herramientas de inteligencia artificial en el sector público (PDF)	Primary Source
Ministry of Science press release: Government publishes circular for responsible AI use	Primary Source (official announcement)