Colombia is taking a pioneering step in Latin America by setting legal boundaries on how artificial intelligence (AI) can be used in judicial and administrative decisions. What once started as a debate around the right to be forgotten and the scope of habeas data has now expanded to the urgent need to regulate AI and its impact on fundamental rights.
The Precedent: Constitutional Court Ruling T-323 of 2024
In this landmark case, the Court reviewed the situation of a lower court judge who used ChatGPT to help draft a health-related decision. While the Court did not ban the use of AI, it established strict limits under four guiding principles:
- Complementarity: AI may support judicial work but can never replace human judgment.
- Transparency: judges must disclose when and how AI is used.
- Proportionality: AI should only be applied when strictly necessary.
- Temporality: the data used must be current, relevant, and limited in time.
The Court also instructed the Superior Council of the Judiciary to issue an official guideline on AI use within the justice system, and the Judicial School to train judges and magistrates on the opportunities and risks of AI.
What Is at Stake: Sensitive Data
When AI systems process health records, children’s information, or financial data, they directly affect the constitutional guarantees of habeas data: privacy, dignity, reputation, and due process. Colombian jurisprudence requires that any AI-assisted decision must always undergo human oversight, with a responsible operator verifying the results before they are incorporated into a judgment or administrative act.
Express Prohibitions
The Court has been clear: AI systems lacking traceability, explainability, or human control cannot be used. Likewise, tools that produce discrimination, bias, or disproportionate impacts on vulnerable groups are explicitly prohibited.
Conclusion
Colombia is shaping the rules of the game so that AI becomes a tool for modernization and efficiency—without undermining fundamental rights. Transparency, human verification, and judicial oversight are the safeguards that ensure artificial intelligence is an ally, not a threat.
At Nieto Lawyers, we guide companies, public entities, and startups that use AI or process data in Colombia. Our goal is to help you implement technology responsibly and meet the highest legal standards.
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