Sernac delivers guidelines and warns of possible risks on artificial intelligence

Sernac issued a circular that advances to possible risks and establishes principles regarding the protection of consumer rights in the use of artificial intelligence tools (AI).

The director of Sernac, Lucas del Villar, said that the use of AI can deepen asymmetries to the detriment of consumers.

This, due to unfairly or arbitrarily discriminatory results, the eventual lack of transparency in the conditions in which services are offered or in the processing of personal data.

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This is, therefore, a system that based on different objectives, can make behavioral predictions, recommendations or influence people's decisions on real or virtual environments.

The authority explained that the systems that are based on these technologies can be beneficial for consumers.

The above, by allowing the automation of certain tasks and reducing contracting costs, or enabling the signing of contracts or offers.

IA -related risks

However, there are certain risks related to information asymmetries.

Sernac entrega lineamientos y advierte sobre eventuales riesgos sobre la Inteligencia Artificial

These could result in risks of abuse, manipulation and generation of arbitrarily discriminatory results.

For example, through the development of self -learning algorithms it is possible to determine behavior patterns.

This facilitates that their biases are intentionally exploited or commercial practices such as "Dark Patterns" are developed.With this, consumers can be pushed to make decisions not always for their benefit.

Additionally, as a risk in the use of artificial intelligence systems, consumers can be subject to actions or decisions adopted by such systems that are difficult to understand or simply cannot be refuted.

In this regard, circular instructs companies to respect the consumer's law regarding the delivery of effective and transparent information;the shelter of freedom of choice and security in consumption;the prohibition of all arbitrary discrimination, and the protection of consumer personal data.

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Likewise, as a general practice, companies cannot use this technology to manipulate and harm consumers.

Sernac and the use of AI

Regarding the protection of personal data, any personal information treatment must be based on a legal basis and have the consent of the holder, that this consent is valid, informed and express (granted in writing), the owner being able to revokeThat authorization.

Personal data must be exact and updated, as well as being deleted and canceled when their storage lacks legal basis or when they have expired.Likewise, erroneous, inaccurate, equivocal or incomplete data must be modified.

Del Villar concludes by pointing out that "companies use these systems respecting the law and promoting good practices because that will affect greater market confidence and more efficient growth in these technologies".

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This material is part of compliance with the Action Plan of the National Policy of the Ministry of Science, Knowledge, and Innovation (mining) that was published in October 2021, with the objective that our country has a national strategy to anticipateFor its purposes.

The foregoing, particularly in the objective of promoting a use in transparent, non -discriminatory and respectful digital trade of personal data protection standards (Objective 3.3.1.of said national policy).