O LGPD Business Forum, of which the ABES is a founder and member, sent a document entitled “Contribution on the CTIA Preliminary Text – AI Regulatory Framework” to the federal Senate. This document was signed by 24 entities that represent 10 economic sectors. In their message, the entities congratulate the Senate Temporary Internal Committee on Artificial Intelligence (CTIA), especially senators Eduardo Gomes, Carlos Viana and Marcos Pontes, respectively Rapporteur, President and Vice-President of CTIA, for conducting the work.
In the text, the entities highlighted, however, that the increase in the number of articles, from around 40 to 70, compared to the Preliminary Text presented by CTIA on 04/24/24, added several new articles and topics of utmost importance, and changed many others, reflecting the scope and complexity of the topic, demanding a more in-depth analysis and impact assessment. It is clear that the debate surrounding the Regulatory Framework for Artificial Intelligence (AI) in Brazil it is gaining more and more relevance, as technology advances and becomes an integral part of economic and social development.
Recognizing Advances
Among the positive points, the document stands out:
- Valuation of Sectoral Regulatory Bodies: the text recognizes the importance of state sector regulatory bodies and entities in supervising and harmonizing practices related to AI.
- Dynamic Parameters for High-Risk AI Systems: Delegating the regulation of these systems, based on good business practices and active participation by regulatory bodies, is a significant step.
- Seals and Certifications System: The introduction of seals and certifications can help ensure the quality and security of AI systems.
- Self-regulation and Regulatory Sandboxes: These measures encourage innovation and allow for controlled testing.
Challenges and Points of Attention
However, the Forum considers that there are issues that deserve reassessment:
- Civil responsability: How to attribute responsibility in cases of damage caused by AI systems? This is a sensitive point that needs to be addressed in depth.
- New Administrative Sanctions: What penalties will be applied in case of non-compliance with regulations? It is critical to strike a balance between encouraging compliance and not stifling innovation.
- Central Authority: The creation of a central authority to oversee AI should be carefully considered, taking into account the existing structure.
- Additional Governance Burden and New Rights: How can we ensure that regulation does not harm the capacity for innovation and technological development?
The Way Forward
Given the relevance and complexity of the topic, the entities that make up the LGPD Business Forum argue that it is essential to promote a broad and multisectoral debate. Civil society, technologists, academia, industrial sectors, government managers and service providers must actively participate. The objective is to position Brazil at the forefront of technological development, protecting fundamental rights and guarantees, without restricting the benefits of AI.
The entities also issued a warning regarding the need for convergence between the review of Brazilian AI Strategy (EBIA) and the Regulatory Framework that is under discussion, as rushing the deadlines for voting on the PL must not compromise the quality and scope of the discussions.
Ultimately, regulating AI is a challenge that requires caution, in-depth debate and constant assessment of impact. Only in this way can we build a regulatory environment that promotes innovation, protects citizens and boosts the country's development.
To see the document in full, click on here the download.
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