President of the Senate presents a project to regulate the use of Artificial Intelligence in Brazil

2023-05-06 09:30:00

The president of the Senate and the National Congress, Rodrigo Pacheco (PSD), presented a bill to regulate the use of Artificial Intelligence in Brazil. The action follows similar initiatives in Europe and the United States.

According to the text of the PL, the main objective of the law is to guarantee the rights for the protection of users impacted by AI and to create governance tools to supervise technological development.

Pacheco still justifies:

The project has a dual objective. On the one hand, it establishes rights to protect the most vulnerable link in question, the natural person who is already impacted on a daily basis by artificial intelligence systems, from content recommendation and Internet targeting to their analysis of eligibility for taking credit and for certain public policies. On the other hand, by having governance tools and an institutional arrangement for inspection and supervision, it creates conditions of predictability regarding its interpretation and, ultimately, legal certainty for innovation and technological development.

The senator’s text also prohibits the implementation and use of AI systems that may result in “direct, indirect, illegal or abusive discrimination” once morest citizens.

Pacheco cites as an example the use of sensitive data regarding personal characteristics such as geographic origin, race, color or ethnicity, gender, sexual orientation, socioeconomic class, age, disability, religion or political opinions.

In addition, the user will need to be warned in advance of when there will be interactions with AI systems. Technological solution providers also need to explain the decisions made by AI and ensure the possibility of contesting decisions, with guaranteed human participation.

Finally, the law should also result in the creation of a regulatory framework for the use of AI, and companies that do not respect the rules might be fined BRL 50 million or suffer the partial or total suspension of their tool.

Now, the PL goes on for analysis by the thematic committee of the Senate and, if approved, it goes on to vote in the plenary. Another vote must also take place in the Chamber of Deputies for the text to become law.

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