ANPD publishes new analysis of Brazilian Bill on artificial intelligence

ANPD publishes new analysis of Brazilian Bill on artificial intelligence

In a technical note published at the end of October, the National Data Protection Authority (ANPD) once again analyzed Bill 2338/2023, which is currently before the Federal Senate and deals with the regulation of Artificial Intelligence (AI) in Brazil. The authority’s objectives on the subject mainly include bringing the bill into line with the General Personal Data Protection Law (LGPD).

Bill 2338/2023 aims to contribute to a regulatory framework on the subject of AI that is suited to the Brazilian reality. From this perspective, the ANPD believes that the intersection between Bill 2338/2023 and the LGPD is fundamental to understanding the scenario of AI regulation in Brazil.

Among other contributions, the authority’s technical note offers suggestions for changes to the bill, presents a new institutional model, lists seven significant points of convergence between the Bill and the LGPD, and makes a comparison with regulatory approaches adopted internationally.

The document analyzes that both pieces of legislation converge on points such as the protection of citizens’ rights and the governance of emerging technologies. It also points out that Bill 2338/2023 establishes parameters for the competent authority, highlighting the importance of supervising and overseeing the implementation of the law related to AI.

Thus, the proposal put forward by the ANPD consists of an institutional model structured around four coordinated bodies: (i) the Competent Authority, which would be the ANPD, responsible for interpreting and regulating the law; (ii) the Executive Branch, in charge of formulating public policies for the development of AI systems, with emphasis on the Brazilian Artificial Intelligence Strategy (EBIA); (iii) the sectoral regulatory bodies, such as Anatel, ANS, among others, which would maintain their specific regulatory powers, acting in cooperation with the ANPD; and (iv) the Artificial Intelligence Advisory Council, which is not detailed in the proposal, but which would have the function of guaranteeing society’s participation in AI-related decisions.

The analysis can be accessed via the link: Nota Técnica nº 16/2023/CGTP/ANPD

Note: For quick release and cost control, this English version is provided by automated translation without human review.