ANPD launches consultation on its AI and personal data protection regulatory sandbox in Brazil

ANPD launches consultation on its AI and personal data protection regulatory sandbox in Brazil

Last Tuesday, the National Data Protection Authority (ANPD) launched a new consultation with society, this time on its pilot program for a regulatory sandbox for artificial intelligence (AI) and personal data protection in Brazil.

A regulatory sandbox is, in short, a form of collaborative experimentation between the regulator, regulated entities and interested parties, with the aim of testing innovations in a regulatory framework in a way that also balances the possible risks.

Based on a technical study, the ANPD presents a manual on how the sandbox tool can be used to contribute to the regulation of emerging technologies, in this case AI. First, a bibliographic survey is carried out on privacy sandbox programs to understand their use in the context of other regulatory bodies, focusing on Data Protection Authorities (DPAs) outside Brazil.

Next, the ANPD presents the dialogues held with the mapped entities, as well as the case studies carried out and an analysis of the benefits and challenges of sandbox programs. It then introduces relevant aspects common to regulatory sandbox experiences, such as: (i) the collaborative participation of interested actors; (ii) awareness of the program’s limitations and; (iii) delimitation of the risks posed by the technology project and mechanisms for mitigating them, among others.

Finally, based on the research carried out, a roadmap is proposed for the planning and execution of pilot sandbox programs, and here the public consultation is highlighted as a preliminary strategy for identifying those interested in the program, one of the first steps in the following phases of developing a regulatory sandbox.

With questions on the technological, legal, structural, multisensory involvement and transparency aspects of the sandbox, the public consultation is available exclusively on the Participa+ platform until November 1, 2023, and all the contributions made are available for consultation upon login.

The consultation can be accessed via the link: https://www.gov.br/participamaisbrasil/sandbox-regulatorio-de-inteligencia-artificial-e-protecao-de-dados-no-brasil

Link to access the technical study: https://www.gov.br/anpd/pt-br/documentos-e-publicacoes/documentos-de-publicacoes/sandbox_regulatorio___estudo_tecnico__versao_publica_.pdf