Draft bill 53.

Summary.

The draft bill proposes to recognize, regulate, and guarantee people's digital rights in relation to artificial intelligence systems in the Republic of Panama. It would apply to natural and legal persons, public and private, that implement or use those systems to make decisions affecting the rights, services, or legal status of Panamanian citizens. Its application would be guided by legality and respect for fundamental rights, algorithmic transparency and explainability, personal data protection, nondiscrimination, equitable access, participation, and digital accountability.

Everyone would have the right to clear, understandable information when interacting directly or indirectly with an automated or artificial intelligence system. If an automated decision significantly affects their rights or circumstances, they could request an explanation of the reasoning behind it, learn what data were used and how they were processed, and request human review. They could also correct, update, or delete inaccurate or incomplete information used by these systems, in accordance with Law 81 of 2019 on Personal Data Protection. The draft bill also recognizes equitable, nondiscriminatory access to automated public and private services. It prohibits the use of artificial intelligence to exclude, unjustifiably segment, or discriminate on grounds of gender, race, age, disability, sexual orientation, ethnicity, religion, socioeconomic status, or other grounds protected by law.

Those who design, implement, or use artificial intelligence systems would have to ensure that algorithmic processes are traceable and make them explainable, auditable, and accessible to users and competent authorities. Before implementing systems intended for public entities, those entities would have to conduct ethical, legal, and social impact assessments and publish them in an accessible form. People who believe that misuse of these systems has violated their digital rights could file a complaint with the National Authority for Transparency and Access to Information (Autoridad Nacional de Transparencia y Acceso a la Información) or the Personal Data Protection Authority (Autoridad de Protección de Datos Personales). Where harm caused by discriminatory, opaque, or negligent use is verified, public and private entities would have to adopt corrective, compensatory, or punitive measures, as appropriate.

Citizens could turn to the courts to defend their digital rights and request the suspension of systems that violate the draft bill or the Constitution. The Executive Branch (Órgano Ejecutivo) would have to issue implementing regulations within 180 days of promulgation, after consulting civil society, academia, the private sector, and specialized international organizations. The law would take effect upon promulgation. Given its subject matter, the draft bill relates to the 2 authorities that receive complaints, the courts, and public entities; it could be of interest to providers and users of automated services, artificial intelligence developers, and digital rights organizations.