Analyzing a Charter of Rights and Institutions to Tackle Surveillance Capitalism in the Era of Artificial Intelligence: The Case of Latin America

Abstract

Artificial intelligence is advancing rapidly, sparking global concern over its risks, from misinformation and wealth concentration to discrimination, surveillance, and weaponization by state and non-state actors. While efforts like the EU AI Act and national initiatives in the U.S. and Netherlands seek to regulate AI, many frameworks remain fragmented, corporate-friendly, or insufficiently grounded in human rights. The UN argues existing human rights law provides a foundation, though some scholars call for new protections against the intrusiveness of digital surveillance capitalism. Latin America faces unique challenges due to structural dependencies on foreign technology and regulatory models, leaving its institutions vulnerable amid global power asymmetries. This paper examines legislative initiatives in Argentina, Brazil, Chile, and Peru, assessing their rights-based provisions and institutional capacity, and asks whether these measures effectively protect rights and enable democratic oversight. It concludes by identifying key gaps—including environmental justice, epistemic rights, and participatory governance—and suggesting directions for reform.