Colombia approves the use of generative artificial intelligence in court proceedings and will produce a guide to its implementation

The Constitutional Court of Colombia has handed down a judgment ordering the Superior Council of the Judiciary to draw up a guide or manual on the use of generative artificial intelligence (AI) in court proceedings. The decision is set out in judgment T-323 of 2024, which concerns the use of AI by judges in deciding cases.

The case:
The case involves a woman who sued her health insurer to be exempted from paying co-payments for her autistic son’s treatment. The municipal court allowed the claim and the circuit court upheld that judgment. In the second-instance ruling, the judge used generative AI, specifically ChatGPT, to expand the reasoning behind his decision.

The judgment:
The Court considered it relevant to examine a possible infringement of the fundamental right to due process arising from the way the decision was issued. It asked whether generative AI had replaced the judge and whether the decision had been properly reasoned. It concluded that AI had not taken over the exercise of the judicial function, since the system was used after the judge had already reasoned and reached the decision.

The guide:
The judgment orders the Superior Council of the Judiciary to draw up a guide or manual on the use of generative AI in the judicial branch, particularly with regard to the use of ChatGPT. The guide must be consistent with the points set out in the judgment and include the principles of transparency, accountability, privacy, non-substitution of human reasoning, seriousness and verification, risk prevention, equality and equity, human control, ethical regulation, adherence to good practice and collective standards, continuous monitoring and adaptation, and suitability.

In conclusion, the judgment is an important step towards the implementation of generative AI in the Colombian justice system. However, it is essential that the principles of transparency, accountability and privacy are upheld to guarantee the fundamental rights of the parties involved.