Aspectos esenciales para una regulación ética, contextual y democrática de la inteligencia artificial dentro del gobierno digital

Abstract

This article examines the ethical and regulatory challenges arising from the implementation of artificial intelligence (AI) in digital government, with a particular focus on the Colombian context. Initially centered on identifying ethical principles for regulation, the study evolves into a critical reflection on the conception of AI and the obstacles it presents to effective governance. The research acknowledges that, as an emerging technology, AI operates in an environment lacking consolidated regulatory frameworks; instead, non-binding ethical recommendations prevail. This regulatory gap poses significant risks, including opacity in automated decisionmaking, improper handling of citizen data, and the perpetuation of algorithmic biases, which may compromise fundamental rights and erode institutional trust. In response, the study proposes a critical review of existing regulatory frameworks, an analysis of the Colombian case, and the formulation of ethical principles applicable to the public sector. Beyond offering normative solutions, the research invites a reconsideration of how AI is conceived in the public sphere—less as a humanized entity and more as a tool—opening the debate on how to construct ethical, contextualized, and operational regulation that balances technological innovation with the protection of citizen rights and democratic legitimacy.