Ethical Frameworks and Regulatory Governance
| Autor | Roberto García Alonso, Ulf Thoene, Diego Eduardo Dávila Benavides |
| Cargo | Associate Professor, EICEA, Universidad de La Sabana, Chía, Colombia / Distinguished Fellow, Faculty of Law, Universidad de Salamanca, Spain. Associate Professor, Faculty of Law and Political Science, Universidad de La Sabana, Chía, Colombia. Address: Francisco Tomás y Valiente, S/N Faculty of Law, Salamanca, Spain. / Assistant Professor, ... |
| Páginas | 146-171 |
146
Ethical Frameworks and Regulatory Governance: An Exploratory Analysis... (p. 146-171)
THOENE, U.; ALONSO, R. G.; BENAVIDES, D. E. D.
Ethical Fra meworks and R egulatory Governance:
An Exploratory Analys is of the Colombia n Strat egy for Art ificial I ntelligence
.
The Law, State and
Telecommunic ations Review
, v. 16, no. 1, p. 146-171, May 2024.
Ethical Frameworks and Regulatory Governance:
An Exploratory Analysis of the Colombian
Strategy for Artificial Intelligence
Submitted
: 8 June 20 23
Ulf Thoene*
https://orcid.org/0000-0003-2243-1752
Roberto García Alonso**
https://orcid.org/0000-0002-4750-2599
Diego Eduardo Dávila Benavides***
https://orcid.org/0000-0003-2117-7422
DOI: https://doi.org/10.26512/lstr.v16i1.48974
Reviewed
: 24 June 20 23
Revised
: 27 June 2 023
Accepted
: 3 July 2023
Article submitted to peer blind rev iew
Licensed under a Creative Common s Attribution 4.0 International
Abstract
[Purpose]
This article ana lyzes the Colombian Artificial Intelligence (AI) Str ategy and
seeks to answer the formulation process of Colom bia’s digital transformation and Artificial
Intelligence str ategy.
[Methodology/ap proach/design]
The study utilizes a case study a nalysis approach to
explore factors that may have influenc ed the Colombian AI policy formulatio n process. We
conducted an e lite interview and docume ntary research on pub lic policy documents.
[Findings]
.
This study iden tifies the inherent chal lenges of the national stra tegy for
artificial intelligence. The implem entation of the Colombian AI Strategy is guided by a
market-orien ted state model that prom otes self-regulation reg arding AI.
[Practical implications]
National strategies a re an increasin gly important t heme of
scholarly debate in AI policy. This article aims to contribu te to analyzin g such strategies,
including the challenge s inherent in their de sign and implementation .
[Originality/value ]
This article examines how Latin America’s third most populous
country, Colombia, shapes AI governance strategies. The uniqueness of this study lie s in
its proposition to outl ine the model of AI governance based on a detaile d analysis of public
policies.
Keywords
: Artificial Inte lligence, Colombia, Digita l Policy, National Strategy, Latin
America.
*
Associate Professor, EICEA, Universidad de La Sa bana, Chía, Colombia . E-mail:
ulf.thoene@unisabana.edu.co .
**
Distinguished Fe llow, Faculty of Law, Univer sidad de Salamanca, Spain. Associate
Professor, Faculty of Law and P olitical Science, Universidad de La Sabana, Ch ía,
Colombia. Address: Francisco Tomás y Valiente , S/N Faculty of Law, Salamanca, Spain.
E-mail: roberto.garcia@usal.es.
***
Assistant Professor, Universidad Santo Tomás, Bogotá (Colombia). E-mail:
diego.davila@usta.edu.co.
Ethical Frameworks and Regulatory Governance: An Exploratory Analysis... (p. 146-171) 147
THOENE, U.; ALONSO, R. G.; BENAVIDES, D. E. D.
Ethical Fra meworks and R egulatory Governance:
An Exploratory Analys is of the Colombia n Strat egy for Art ificial I ntelligence
.
The Law, State and
Telecommunic ations Review
, v. 16, no. 1, p. 146-171, May 2024.
INTRODUCTION
Artificial Intelligence (AI) has become an increasingly significant aspect
of our society, and its impact is felt in almost every aspect of our daily lives. As
AI technologies evolve, they are expected to bring about significant changes in
our economic, social, and political structures, raising important ethical, legal, and
social implications. Therefore, it is crucial to examine the growing influence of
AI on society and highlight the challenges and opportunities that lie ahead. The
absence of a proper legislative framework for AI usage creates a need to find
solutions to mitigate risks and threats to human rights. Howev er, beyond the
technological advantages and poten tial uses of AI, currently, societies face the
challenge of determining the ethical limitations of implementing AI-based utilities
and their impact on people’s lives.
AI is part of the Fourth Industrial Revolution (4IR), softening th e divides
between physical, digital, and biological aspects and significantly impacting
almost ever y industry glob ally. AI is transforming the way we live, work, and
interact with each other. Innovation processes have materialized in applying
algorithms in the private and public sectors with a grounding in AI and large-scale
data analysis.
Furthermore, AI is transforming business operations with various
applications across industries. AI permits improv ing capabilities to analyze
customer data, automate routine tasks, develop new products and services, or
improve decision-making. At the same time, AI technologies are now beginning
to be adopted in public sector areas because of the increasing availability of data.
AI is flourishing in pu blic administration to improve the efficiency and
effectiveness of govern ment services. Dig italization, AI, and robotics will be an
essential factor of global economic growth in 2030 due to the technology transfer,
changes in the labor market, full automation of processes, increased productivity,
and the introduction of novel modes of conducting b usiness and the use of
technologies, especially in cities with significant concentrations of professional
services (AUDA & RADHI, 2022; MAKRIDIS, 2022).
The absence of a proper legislative framework for AI usage creates a need
to find solutions to m itigate risks and threats to human rights. As with any
innovative activity, there are inherent risks, and digital technologies, including
AI, affect various aspects of human life. It is essential to restore violated rights
and minimize potential threats posed by these technologies (K OSILOVA, 2022).
Societies face the challenge of determin ing the ethical limitations o f
implementing AI-based utilities and their impact on peo ple’s lives (GUIÓ, 2020;
WIRTZ, WEYERER & GEYER, 2019).
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