10/12/2024
The regulatory landscape for Artificial Intelligence (AI) in Brazil is about to undergo significant changes. On December 5, 2024, the Federal Senate’s Special Committee approved a favourable report on the Bill of Legislation on the Artificial Intelligence Legal Framework (BoL No. 2338/23), in the form of Amendment nº 199-CCT (Substitute). The Committee also approved the draft BoL as a priority matter for scrutiny by the Plenary of the Federal Senate.
A session for deliberation in the Senate Plenary is expected to take place in December 2024. If approved, the bill will move on to the House of Representatives, marking an important step in the regulation of AI in the country.
One of the core provisions of the revised draft BoL is related to the establishment of the National Artificial Intelligence Regulation and Governance System (SIA), which will be coordinated by the National Data Protection Authority (ANPD). The proposal reaffirms the ANPD’s central role in regulating data privacy and data protection issues involving the use of AI, although it raises concerns about how management will be conducted for different sectors, since the sectoral authorities will be defined in a second phase by the Executive Branch.
In anticipation of these developments, the ANPD launched the third volume of its Technology Radar Series on the last 29 November. The study focuses on generative Artificial Intelligence models, commonly referred to as ‘Generative AI’, and covers critical topics in AI regulation around the globe, such as data scraping and its implications for the processing of personal data, the generation of synthetic content and its potential impact on privacy and personal data sharing practices in generative AI systems. The document also discusses how these topics align with the fundamental principles of the General Data Protection Law (LGPD), in particular the principles of transparency and necessity.
The legislative and regulatory developments herein described represent a critical moment for companies and organisations using or planning to use AI technologies. Companies can therefore prepare adequately, and in advance, for the imminent changes that will be implemented by the upcoming legislation.
Some actions can be decisive in this scenario, such as a comprehensive review of current AI-related practices in business operations, with a particular focus on:
- Compliance with LGPD principles in the use of generative AI.
- Assessment of the risks associated with data scraping and the generation of synthetic content.
- Implementation of robust governance measures for data processing in AI systems.
A cautious look ahead by companies and organisations provides not only compliance with the new regulations, but also strategic positioning to take advantage of the opportunities that AI offers in an ethical, transparent and responsible fashion.
For further queries do not hesitate to contact our Innovation and Technogy team at L.O. Baptista.
Co-authored by: Fabricio Pasquot Polido and Denise Berzin Reupke
