The Brazilian National Data Protection Authority’s View On Artificial Intelligence


Despite Brazil having it’s own all-encompassing law on data protection (i.e. the General Data Protection Law - LGPD) and its own regulatory agency (the National Data Protection Authority - ANPD), the arrival and constant development of artificial intelligence has caused intense discussion from a legislative standpoint, including with respect to the role of ANPD over its regulation.

Earlier this year, a bill of law concerning the regulation of artificial intelligence, PL nº 2338/2023, was presented to the House of Representatives and ANPD has recently released it’s analysis and contributions over it (Technical Note nº 16/2023). By way of amendment suggestions to the bill, ANPD basically proposes a new institutional model, provides some intersections between the bill and the LGPD provisions and draws a comparison with international regulations regarding the same topic.

The proposed institutional model for regulating artificial intelligence as suggested by ANPD would be organized into four complementary bodies, with ANPD being the central regulatory body for the topic. The model suggested by ANPD would also include articulated and coordinated action between bodies of the Executive Branch, sectoral regulatory bodies, in addition to the creation of an advisory council, along the lines of the Brazilian National Council for Data Protection and Privacy (CNPD), aimed solely at dealing with the regulation of the implementation and use of artificial intelligence in Brazil.

According to the ANPD, international experience (such as that of the European Union, among others) shows that a centralized approach, anchored in a single body such as ANPD itself, leads to undeniable benefits in the regulation of this subject, as it provides for a clear and consistent line of guidance to all stakeholders involved and avoids the risk associated with potential ambiguity and interpretation discrepancy that can cause legal uncertainty.

ANPD’s analysis also highlights a proposal to assign to the Executive Branch (and not to the competent authority, as provided in the current wording of the bill) the attribution to prepare, manage, update and implement the Brazilian Artificial Intelligence Strategy (EBIA), with the ANPD contributing to the process only within the scope of its responsibilities.

It is noteworthy that the EBIA is a document prepared by the Brazilian Ministry of Science, Technology and Innovation aimed at guiding the Brazilian Government’s actions in favor of the development of various measures that stimulate research, innovation and development of artificial intelligence solutions, as well as its conscious and ethical use for a better future.

In conclusion, ANPD’s key takeaways with respect to PL nº 2338/2023 shows the agency’s clear intention of having an active and central role in the debate on artificial intelligence regulation, in addition to ensuring that the future legislation on the subject is aligned with the principles and guidelines established by the LGPD.


Article provided by INPLP members: Fábio Lacaz (ALV, Brazil)



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