Senate President’s Bill Wants to Regulate Artificial Intelligence in Brazil

Senate President Rodrigo Pacheco introduced last Tuesday (3) bill (PL) 2.338/23, the purpose of which is regulate artificial intelligence (AI) in Brazil. The proposal was prepared by a commission of lawyers during 2022 and aims to establish rights to protect people and create tools for management, inspection and supervision.

According to Pacheco, the project brings “institutional organization of inspection and supervision“, which can provide legal certainty for those who innovate and develop technologies. In the text, an entire chapter is devoted to protecting the rights of people affected by AI systems. Among the rights established, each affected person will be guaranteed access to explanations about how they decisions are made by these systems, in addition to being able to challenge automated decisions and request human intervention, the right to correct discriminatory biases will also be guaranteed.

The project defines rights for any context in which there is an interaction between a machine and a person. For example, in face recognition environments, people need to be informed. Regulation will be based on the risks in the context of the application.

According to the text, the proposal is the result of a draft prepared by the commission of lawyers during 2022. The goal of the project is to regulate AI in the country and thus guarantee the safety and privacy of the people who use these systems. The text aims to create a legal framework for technologies that ensures greater transparency, predictability and accountability in the use of AI.

In addition, the proposal also sets out rules for the use of AI in the public sector. The aim is to ensure that technology is used to improve the efficiency and quality of services provided to the population without any infringement of rights or discrimination.

Bill 2338/23 is an important step forward in the regulation of artificial intelligence in Brazil. The proposal is aimed at creating a legal framework for technologies that guarantees the protection of the rights of affected people and the creation of management and oversight tools. It is expected that if approved, the project will be able to promote technological innovation in the country in an ethical and responsible manner.

The use of artificial intelligence is regulated by law

In order to ensure the safety and protection of the public, the law establishes that the use of artificial intelligence, which is considered to involve excessive risk, is prohibited. The measure aims to prevent behavior that could harm people’s health or safety, as well as the use of AI that could exploit vulnerabilities in certain groups such as children and the elderly.

State power is also subject to regulation as it is not allowed to use AI to classify social behavior or individuals. In addition, the use of AI to determine ratings and access to goods, services and government policies is also prohibited.

As far as public safety is concerned, the use of remote biometrics in public places is only permitted under a specific law, yet to be drafted, or with court approval. This measure aims to ensure the privacy and security of citizens in public places.

Source: Federal Senate.

…..