Brazilian Government Opens Consultation on Artificial Intelligence and Data Protection

November 20, 2024, Covington Alert

Brazil's National Data Protection Agency ("ANPD") initiated a public consultation on the relationship between artificial intelligence ("AI") and data protection. At this point, there is no proposed draft regulation, but ANPD is requesting responses to 15 open-ended questions. The consultation may lead to specific legislation and regulation.

The first four questions address the relationship between AI and data protection principles established by the Data Protection Act of 2018. Topics addressed in these questions include: how to balance AI systems' training with the necessity principle; safeguards and best practices to provide transparency when using personal data to train AI systems; how to balance the end-use and transparency principles with AI systems of general application; and safeguards and best practices to prevent discrimination during the AI system's lifecycle.

The next two questions address topics including the need for user consent to data treatment by AI systems and the basis of AI use in view of legitimate interest.

The following six questions address the relationship between the rights of data owners and AI. They include: how rights established by the Data Protection Act of 2018 apply to AI systems; safeguards and good practices; AI-related treatment of sensitive data and data related to children, adolescents, and aging persons; how the right to revision should be applied to AI systems; circumstances in which human revision of AI decisions is necessary; and how the right to information should be applied to AI systems.

The final three questions address good practices and governance issues, including compliance, transparency, and anonymization.

The consultation is open until December 5, 2024.

Why is this important for business?

Brazil's Congress is debating a new AI legal framework for the country. The current draft of this bill, in debate in the Senate Artificial Intelligence Temporary Committee ("CTIA"), establishes ANPD as the country's new AI regulator.

The information collected by ANPD through this public consultation might impact its proposals to amend the bill in Congress, as well as to develop future regulation on data privacy and AI. ANPD has been active in issuing new regulation and in launching investigations of large technology companies' AI and data privacy policies and practices.

The consultation process is an opportunity for interested companies to help shape policymaking at an early stage. Covington's Public Policy team is ready to support clients interested in submitting comments or suggestions.

If you have any questions concerning the material discussed in this client alert, please contact the members of our Latin America Public Policy group.