Ley de Fomento a la Inteligencia Artificial y Tecnologías, decisiones de la IA o impulsadas por IA
Decreto Legislativo No. 234, art. 18
In force.
An AI transparency rule binding public and private bodies.
- Enforcement body
- Agencia Nacional de Inteligencia Artificial (ANIA)
- How the hook was established
- express
- What makes it apply
- Place of effect
- Audit expectation
- none
What it requires
- When you use AI commercially, or to determine a person's access to rights or services in El Salvador, tell them whether the decision was made directly by the AI or was AI-driven, with a comprehensible and transparent explanation of the process.NIST AI RMFMEASURE 2.8
- Give the person a way to challenge the decision before a competent natural person who can confirm, modify or revoke it.NIST AI RMFMEASURE 3.3
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MEASURE 2.8Risks associated with transparency and accountability – as identified in the MAP function – are examined and documented.
- MEASURE 3.3Feedback processes for end users and impacted communities to report problems and appeal system outcomes are established and integrated into AI system evaluation metrics.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Who may demand the log
Data subject
What the log must hold
Decision basis
Logging duty
Article 18 never uses the words log, record, or audit trail, but it requires establishing a mechanism so a competent natural person can confirm, modify, or revoke an AI or AI-driven decision, which cannot be done without some record of what the decision was and the process by which it was reached, so the duty is implicit.
- Kind
- Implicit
- As of
- Provision
- Decreto Legislativo No. 234, art. 18
- Trigger
- automated_decisions
What this law does
Article 18 requires that when AI is used commercially, or to access rights or services within the Republic, the user must be told whether the decision was adopted directly by the AI or was AI-driven, with a notification that gives a comprehensible and transparent explanation of the process.
The same article requires establishing a mechanism to challenge the decision before a competent natural person who can confirm, modify or revoke it, and makes compliance with the article a precondition for the safeguards Decreto Legislativo No. 234 otherwise grants a registered developer or operator. Article 29 brings the decree into force eight days after its publication in the Diario Oficial.
Resolución 0001/2025 records that publication in Diario Oficial number 43, Tomo 446, of , and no source stating the resulting day of entry into force has been located.
When LexLint raises it
When your app profile says your app makes high-risk automated decisions, deploys a chatbot or generates content with AI.
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