On 10 December 2024, the Brazilian Senate approved Bill No. 2338/2023, which sets out rules for developing and using artificial intelligence in Brazil. The Bill now moves to the Chamber of Deputies for a vote before the President can sign it into law.
An overview of the Bill
The Brazilian AI Bill aims to establish operational guidelines and requirements, protect human rights and provide penalties for non-compliance. The Bill takes a risk-based approach to regulating AI systems. It places stricter rules on high-risk systems, especially those that could affect public safety or fundamental human rights. It also requires AI developers and users to make their systems fair, transparent, and easy to understand. The Bill aligns with Brazil’s General Data Protection Law (LGPD) to protect privacy. Additionally, it plans to create a new authority to oversee AI regulations and enforce the rules.
Key features of the Bill
-
- The Bill will apply to AI development, deployment and use in Brazil.
- The Bill will impose obligations on AI system providers and operators, whether they are natural or juristic persons.
- The Bill takes a risk-based approach that prohibits excessive-risk AI systems and imposes additional safety requirements on high-risk AI systems.
- The Bill will allow developers to use copyrighted material to train AI models if the material was obtained for non-profit purposes.
- The penalties for non-compliance with the Bill can go up to BRL 50 million (approx. $1.6 million) or 2% of the total turnover of the company.
The Bill is currently only available in Portuguese and can be accessed here.