On Wednesday (3), a new bill that proposes the regulation of artificial intelligence in Brazil was presented in the Senate. O Bill 2,338/23 brings the result of more than 250 days of public and technical debates, conducted by a Commission of Jurists. Senator Rodrigo Pacheco, President of the Federal Senate, presented the document.
The bill has two objectives: establishing rights for citizens affected by technology and creating inspection and supervision tools.
In addition, Senator Rodrigo Pacheco highlighted that economic agents who develop and use artificial intelligence will be encouraged to “act in good faith and effectively manage risks”, due to the governance instruments for adequate accountability.
According to the document published in Federal Senate page, the Commission of Jurists recognizes that “the development and popularization of artificial intelligence technologies have revolutionized several areas of human activity. Furthermore, predictions suggest that artificial intelligence will bring about even more profound economic and social changes in the near future.”
Therefore, the initiative emerged to define foundations and general principles for the development and use of AI systems, as well as the protection of users against technology. It is worth remembering that OpenAI has already given details about ChatGPT security measures, for example.
Artificial intelligence can pose risks
Even though it is an attractive technology with several possibilities, the document warns of risks related to the use of AI.
Fabrício da Mota Alves, Coordinator of the Digital Law and Data Protection area at Serur Advogados, which is part of the Commission of Jurists, commented on the matter:
The text is based on a risk-based approach that the tool can offer citizens. The proposal brings a governance that the greater the risk in the development and use of AI, the greater the obligations and responsibilities of both those who develop and those who apply it.
That way, There are two types of risks: excessive and high.
The first is classified as the use of artificial intelligence to induce a person to behave in a way that is detrimental to their health or safety. In addition, it is also suitable for activities that explore vulnerabilities of specific groups, such as children and the elderly.
The second received the definition when dealing with critical infrastructure management, such as security devices, education, professional training, recruitment, triage, administration of Justice, among others.
Fabrício da Mota Alves pointed out the benefits for citizens:
The proposal creates a statute of user rights, which allows those affected by the technology to contest decisions made based on artificial intelligence. It also gives the right to explainability, depending on the situation.
Bill focuses on companies
Finally, Fabrício da Mota Alves highlighted the importance of Bill 2,338/23:
It is important to point out that the project establishes a mechanism for accountability for the ethical use of the tool. This is a technology that has been developed without major controls or concerns from many companies today. There needs to be a vision of greater accountability in both the design and application of artificial intelligence.
The professional also states that the proposal aims to meet the principles set out as a guiding tool. For example: transparency, cybersecurity, indiscriminateness, etc. Any company that develops something in this environment after the approval of the law will have to meet all the guidelines.
