AI regulation in Peru (2026)

Law No. 31814 (2023) promotes AI for economic and social development and establishes foundational principles; its 36-article implementing regulation (DS 115-2025-PCM, Sep 2025) operationalises risk classification, obligations, and governance structures.

AI systems are categorised as prohibited (e.g., autonomous weapons, mass surveillance without legal basis), high-risk (e.g., medical diagnosis, credit assessment, recruitment, critical infrastructure), or acceptable; high-risk systems require human oversight, impact assessments, and algorithmic transparency.

The SGTD (Secretaría de Gobierno y Transformación Digital) under PCM is designated as the national technical-normative authority; it issues implementing rules and oversees compliance. A new Centro Nacional de Innovación Digital e Inteligencia Artificial (CNIDIA) is created for R&D coordination.

Private sector compliance deadlines are staggered by industry: health, education, justice, economy, and finance by September 2026; transport, commerce, and labour by September 2027; production, agriculture, energy, and mining by September 2028; all remaining sectors by September 2029.

Approved via Ministerial Resolution No. 152-2026-PCM (1 May 2026), the ENIA mandates each public entity to produce an AI Action Plan and appoint an Artificial Intelligence Officer (OIA); it sets four pillars: talent development, innovation, ethical/regulatory framework, and citizen participation.

Use of AI in recruitment, performance evaluation, hiring, or dismissal is classified as high-risk, requiring human oversight and algorithmic transparency disclosures; the regulation introduces the concept of 'explainable AI' as a defined standard.