CHALLENGES AND GAPS IN THE REGULATION OF ARTIFICIAL INTELLIGENCE IN PERU: A CRITICAL ANALYSIS IN LIGHT OF THE EUROPEAN REGULATORY FRAMEWORK

Francia O.A.A.; Alvarez C.C.; Campillo L.P. · Revista General de Derecho Administrativo (2025)

Resumen

This paper analyses and criticises the Draft Regulation of Law No. 31814 of Peru, which aims to regulate the use of Artificial Intelligence (AI). The influence received by the EU Regulation on Artificial Intelligence and Personal Data Protection is examined, with the aim of highlighting the significant similarities and differences in key aspects such as risk management, regulation of AI systems and measures for their ethical and responsible use. The study has identified some deficiencies in the draft, in particular the lack of specificity in critical definitions, inadequate oversight mechanisms and the absence of a robust risk-based approach. These deficiencies could jeopardise the effectiveness of the proposed regulation by distorting its objective.

Instituciones: Universidad Científica del Sur