Preamble

CHAPTER I PRELIMINARY PROVISIONS

CHAPTER II RIGHTS

Section I General Provisions

Art. 5

Art. 6

Section II Rights associated with information and understanding of decisions made by artificial intelligence systems

Art. 7

Art. 8

Section III Right to contest decisions and request human intervention

Section IV Right to non-discrimination and correction of direct, indirect, illegal or abusive discriminatory biases

CHAPTER III RISK CATEGORIZATION

CHAPTER IV GOVERNANCE OF ARTIFICIAL INTELLIGENCE SYSTEMS

CHAPTER V CIVIL LIABILITY

CHAPTER VI CODES OF BEST PRACTICES AND GOVERNANCE

CHAPTER VII REPORTING OF SERIOUS INCIDENTS

CHAPTER VIII SUPERVISION AND INSPECTION

CHAPTER IX FINAL PROVISIONS

JUSTIFICATION

Brazil: Bill on the use of Artificial Intelligence [2338/2023]

As published on 3 May 2023. Official text in original language plus DPA expert translation.

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Preamble

23 words

CHAPTER I PRELIMINARY PROVISIONS

755 words

Art. 1

56 words

Art. 2

138 words

Art. 3

171 words

Art. 4

386 words

For the purposes of this Law, the following definitions are adopted:

I - artificial intelligence system: computational system, with different degrees of autonomy, designed to infer how to achieve a given set of objectives, using approaches based on machine learning and/or knowledge logic and representation, through input data from machines or humans, with the objective of producing predictions, recommendations or decisions that can influence the virtual or real environment;

II - artificial intelligence system provider: natural or legal person, public or private, who develops an artificial intelligence system, directly or by order, with a view to its placement on the market or its application in a service provided by it, under its own name or brand, for a fee or free of charge;

III - artificial intelligence system operator: natural or legal person, public or private, who employs or uses, in its name or benefit, an artificial intelligence system, unless such system is used in the scope of a non-professional personal activity;

IV - artificial intelligence agents: providers and operators of artificial intelligence systems;

V - competent authority: agency or entity of the Federal Public Administration responsible for ensuring, implementing and supervising compliance with this Law throughout the national territory;

VI - discrimination: any distinction, exclusion, restriction or preference, in any area of public or private life, whose purpose or effect is to nullify or restrict the recognition, enjoyment or exercise, under conditions of equality, of one or more rights or freedoms provided for in the legal system, due to personal characteristics such as geographical origin, race, color or ethnicity, gender, sexual orientation, socioeconomic class, age, disability, religion or political opinions;

VII - indirect discrimination: discrimination that occurs when an apparently neutral rule, practice or criterion has the capacity to cause disadvantage to people belonging to a specific group, or place them at a disadvantage, unless that rule, practice or criterion has some reasonable and legitimate objective or justification in light of the right to equality and other fundamental rights;

VIII - text and data mining: process of extracting and analyzing large amounts of data or partial or full excerpts of textual content, from which patterns and correlations are extracted that will generate relevant information for the development or use of artificial intelligence systems.

CHAPTER II RIGHTS

1205 words

Section I General Provisions

213 words

Section II Rights associated with information and understanding of decisions made by artificial intelligence systems

473 words

Art. 7

266 words

Art. 8

190 words

Section III Right to contest decisions and request human intervention

344 words

Art. 9

175 words

Art. 10

106 words

Art. 11

51 words

Section IV Right to non-discrimination and correction of direct, indirect, illegal or abusive discriminatory biases

171 words

CHAPTER III RISK CATEGORIZATION

1176 words

Section I Preliminary Assessment

188 words

Section II Excessive Risk

304 words

Art. 14

138 words

Art. 15

147 words

Art. 16

15 words

Section III High Risk

678 words

Art. 17

411 words

The following are considered high-risk artificial intelligence systems those used for the following purposes:

I - application as safety devices in the management and operation of critical infrastructures, such as traffic control and water and electricity supply networks;

II - education and professional training, including systems for determining access to educational institutions or professional training or for evaluating and monitoring students;

III - recruitment, screening, filtering, evaluation of candidates, decision-making on promotions or terminations of employment relationships, distribution of tasks and control and evaluation of the performance and behavior of persons affected by such artificial intelligence applications in the areas of employment, worker management and access to self-employment;

IV - evaluation of eligibility criteria, access, granting, revision, reduction or revocation of private and public services that are considered essential, including systems used to evaluate the eligibility of natural persons for social assistance and social security benefits;

V - assessment of the indebtedness capacity of natural persons or establishment of their credit rating;

VI - dispatch or establishment of priorities for emergency response services, including firefighters and medical assistance;

VII - administration of justice, including systems that assist judicial authorities in investigating the facts and applying the law;

VIII - autonomous vehicles, when their use may generate risks to the physical integrity of persons;

IX - applications in the area of health, including those intended to assist in medical diagnoses and procedures;

X - biometric identification systems;

XI - criminal investigation and public security, especially for individual risk assessments by the competent authorities, in order to determine the risk of a person committing offenses or recidivism, or the risk for potential victims of criminal offenses or to assess personality traits and characteristics or past criminal behavior of individuals or groups;

XII - crime analytical study related to natural persons, allowing police authorities to search large and complex datasets, related or unrelated, available in different data sources or in different data formats, in order to identify unknown patterns or discover hidden relationships in the data;

XIII - investigation by administrative authorities to assess the credibility of evidence in the course of investigating or prosecuting offenses, to predict the occurrence or recurrence of a real or potential offense based on profiling of individuals; or

XIV - migration management and border control.

Art. 18

263 words

CHAPTER IV GOVERNANCE OF ARTIFICIAL INTELLIGENCE SYSTEMS

1796 words

Section I General Provisions

263 words

Section II Governance Measures for High-Risk Artificial Intelligence Systems

873 words

Art. 20

511 words

In addition to the measures indicated in art. 19, artificial intelligence agents who provide or operate high-risk systems shall adopt the following governance measures and internal processes:

I - documentation, in the format appropriate to the development process and the technology used, regarding the operation of the system and the decisions involved in its construction, implementation and use, considering all relevant stages in the life cycle of the system, such as design, development, evaluation, operation and discontinuation of the system;

II - use of automatic logging tools for the operation of the system, in order to allow the evaluation of its accuracy and robustness and to ascertain potential discriminatory effects, and implementation of the adopted risk mitigation measures, with special attention to adverse effects;

III - conducting tests to assess appropriate levels of reliability, according to the sector and type of application of the artificial intelligence system, including robustness, accuracy, precision and coverage tests;

IV - data management measures to mitigate and prevent discriminatory biases, including:

a) a) evaluation of the data with appropriate measures to control human cognitive biases that may affect the collection and organization of the data and to avoid the generation of biases due to problems in classification, failures or lack of information regarding affected groups, lack of coverage or distortions in representativeness, according to the intended application, as well as corrective measures to avoid the incorporation of structural social biases that may be perpetuated and amplified by technology; and

b) b) composition of an inclusive team responsible for the design and development of the system, guided by the pursuit of diversity.

V - adoption of technical measures to enable the explainability of the results of artificial intelligence systems and measures to make available to operators and potentially impacted individuals general information about the functioning of the artificial intelligence model employed, explaining the logic and relevant criteria for producing results, as well as, upon request by the interested party, providing adequate information that allows the interpretation of the concretely produced results, respecting industrial and commercial secrecy.

Sole paragraph. Human oversight of high-risk artificial intelligence systems shall seek to prevent or minimize risks to the rights and freedoms of persons that may arise from their normal use or from their use under reasonably foreseeable misuse conditions, enabling the persons responsible for human oversight to:

I - understand the capabilities and limitations of the artificial intelligence system and properly control its operation, so that signs of anomalies, dysfunctions and unexpected performance can be identified and resolved as quickly as possible;

II - be aware of the possible tendency to automatically trust or overly rely on the result produced by the artificial intelligence system;

III - correctly interpret the result of the artificial intelligence system taking into account the characteristics of the system and the available interpretation tools and methods;

IV - decide, in any specific situation, not to use the high-risk artificial intelligence system or to ignore, override or reverse its result; and

V - intervene in the operation of the high-risk artificial intelligence system or interrupt its operation.

Art. 21

349 words

In addition to the governance measures established in this chapter, public bodies and entities of the Union, States, Federal District and Municipalities, when contracting, developing or using artificial intelligence systems considered to be high risk, shall adopt the following measures:

I - conducting prior public consultation and hearings on the planned use of artificial intelligence systems, with information on the data to be used, the general logic of operation and results of tests performed;

II - definition of access and use protocols for the system that allow the recording of who used it, for which specific situation, and for what purpose;

III - use of data from secure sources, which are accurate, relevant, updated and representative of the affected populations and tested against discriminatory biases, in accordance with Law No. 13,709, of August 14, 2018, and its regulatory acts;

IV - guaranteed facilitated and effective right for citizens, before the public power, to explanation and human review of decisions by artificial intelligence systems that generate relevant legal effects or that significantly impact the interests of the affected party, to be carried out by the competent public agent;

V - use of an application programming interface that allows its use by other systems for interoperability purposes, as regulated; and

VI - publicizing in easily accessible media, preferably on their websites, the preliminary assessments of artificial intelligence systems developed, implemented or used by the public power of the Union, States, Federal District and Municipalities, regardless of the degree of risk, without prejudice to the provisions of art. 43.

§ 1 The use of biometric systems by the public power of the Union, States, Federal District and Municipalities shall be preceded by the enactment of a normative act that establishes guarantees for the exercise of the rights of the affected person and protection against direct, indirect, illegal or abusive discrimination, prohibited the processing of race, color or ethnicity data, except as expressly provided by law.

§ 2 In the impossibility of substantial elimination or mitigation of the risks associated with the artificial intelligence system identified in the algorithmic impact assessment provided for in article 22 of this Law, its use shall be discontinued.

Section III Algorithmic Impact Assessment

651 words

Art. 22

55 words

Art. 23

61 words

Art. 24

371 words

The impact assessment methodology shall contain at least the following steps:

I - preparation;

II - risk cognition;

III - mitigation of the risks found;

IV - monitoring.

§ 1 The impact assessment shall consider and record at least:

a) a) known and foreseeable risks associated with the artificial intelligence system at the time it was developed, as well as the risks that can reasonably be expected from it;

b) b) benefits associated with the artificial intelligence system;

c) c) likelihood of adverse consequences, including the number of people potentially impacted;

d) d) severity of adverse consequences, including the effort required to mitigate them;

e) e) logic of operation of the artificial intelligence system;

f) f) process and result of tests and assessments and mitigation measures taken to verify possible impacts on rights, with special emphasis on potential discriminatory impacts;

g) g) training and awareness actions of the risks associated with the artificial intelligence system;

h) h) mitigation measures and indication and justification of the residual risk of the artificial intelligence system, accompanied by frequent quality control tests; and

i) i) transparency measures to the public, especially to potential users of the system, regarding residual risks, especially when involving a high degree of harm or danger to the health or safety of users, under the terms of articles 9 and 10 of Law No. 8,078, of September 11, 1990 (Consumer Protection Code).

§ 2 In accordance with the precautionary principle, when using artificial intelligence systems that may generate irreversible or difficult to reverse impacts, the algorithmic impact assessment shall also take into account incipient, incomplete or speculative evidence.

§ 3 The competent authority may establish other criteria and elements for the preparation of the impact assessment, including the participation of different affected social segments, according to the risk and economic size of the organization.

§ 4 It shall be the responsibility of the competent authority to regulate the frequency of updating impact assessments, considering the life cycle of high-risk artificial intelligence systems and the fields of application, and may incorporate sectoral best practices.

§ 5 Artificial intelligence agents who, after their introduction to the market or use in service, become aware of unexpected risk to the rights of natural persons, shall immediately communicate the fact to the competent authorities and to the persons affected by the artificial intelligence system.

Art. 25

74 words

Art. 26

84 words

CHAPTER V CIVIL LIABILITY

204 words

CHAPTER VI CODES OF BEST PRACTICES AND GOVERNANCE

356 words

Art. 30

347 words

Artificial intelligence agents may, individually or through associations, formulate codes of best practices and governance that establish the conditions of organization, operating rules, procedures, including complaints from affected persons, security standards, technical standards, specific obligations for each implementation context, educational actions, internal oversight and risk mitigation mechanisms, and appropriate technical and organizational security measures for managing the risks arising from the application of the systems.

§ 1 When establishing best practice rules, the purpose, likelihood and severity of the risks and benefits arising shall be considered, such as the methodology set forth in art. 24 of this Law.

§ 2 Developers and operators of artificial intelligence systems may:

I - implement a governance program that, at a minimum:

a) a) demonstrates their commitment to adopting internal processes and policies that ensure comprehensive compliance with norms and best practices related to non-maleficence and proportionality between the methods employed and the determined and legitimate purposes of artificial intelligence systems;

b) b) is adapted to their structure, scale and volume of operations, as well as their potential for harm;

c) c) aims to establish a relationship of trust with affected persons, through transparent action and ensuring participation mechanisms under the terms of art. 24, § 3, of this Law;

d) d) is integrated into their general governance structure and establishes and applies internal and external oversight mechanisms;

e) e) includes response plans for reversing possible harmful results of the artificial intelligence system; and

f) f) is constantly updated based on information obtained from continuous monitoring and periodic evaluations.

§ 3 Voluntary adherence to a code of best practices and governance may be considered an indicator of good faith by the agent and shall be taken into account by the competent authority for the purposes of applying administrative sanctions.

§ 4 The competent authority may establish a procedure for analyzing the compatibility of the code of conduct with the current legislation, with a view to its approval, publicization and periodic updating.

CHAPTER VII REPORTING OF SERIOUS INCIDENTS

107 words

CHAPTER VIII SUPERVISION AND INSPECTION

1761 words

Section I The Competent Authority

656 words

Art. 32

454 words

The Executive Branch shall designate a competent authority to ensure the implementation and enforcement of this Law.

Sole paragraph. It is the responsibility of the competent authority to:

I - ensure the protection of fundamental rights and other rights affected by the use of artificial intelligence systems;

II - promote the development, updating and implementation of the Brazilian Artificial Intelligence Strategy with the bodies of related competence;

III - promote and prepare studies on best practices in the development and use of artificial intelligence systems;

IV - stimulate the adoption of best practices, including codes of conduct, in the development and use of artificial intelligence systems;

V - promote cooperation actions with authorities for the protection and promotion of the development and use of artificial intelligence systems from other countries, of an international or transnational nature;

VI - issue norms for the regulation of this Law, including on:

a) a) procedures associated with the exercise of the rights provided for in this Law;

b) b) procedures and requirements for the elaboration of the algorithmic impact assessment;

c) c) form and requirements for the information to be publicized about the use of artificial intelligence systems; and

d) d) procedures for certification of the development and use of high-risk systems.

VII - coordinate with public regulatory authorities to exercise their powers in specific sectors of economic and governmental activities subject to regulation;

VIII - inspect, independently or in conjunction with other competent public bodies, the disclosure of the information provided for in arts. 7 and 43;

IX - inspect and apply sanctions, in case of development or use of artificial intelligence systems carried out in non-compliance with the legislation, through an administrative process that ensures the right to adversarial proceedings, full defense and the right to appeal;

X - request, at any time, from public entities that develop or use artificial intelligence systems, a specific report on the scope, nature of the data and other details of the processing performed, with the possibility of issuing a complementary technical opinion to ensure compliance with this Law;

XI - enter, at any time, into a commitment with artificial intelligence agents to eliminate irregularities, legal uncertainty or contentious situations within the scope of administrative proceedings, in accordance with the provisions of Decree-Law No. 4,657, of September 4, 1942;

XII - consider petitions against the operator of an artificial intelligence system, after proven submission of a complaint not resolved within the period established in regulation; and

XIII - prepare annual reports on its activities.

Sole paragraph. When exercising the attributions of the caput, the competent body may establish conditions, requirements, communication and disclosure channels differentiated for providers and operators of artificial intelligence systems qualified as micro or small companies, under the terms of Complementary Law No. 123, of December 14, 2006, and startups, under the terms of Complementary Law No. 182, of June 1, 2021.

Art. 33

24 words

Art. 34

127 words

Art. 35

46 words

Section II Administrative Sanctions

578 words

Art. 36

468 words

Artificial intelligence agents, due to infractions committed against the norms provided for in this Law, are subject to the following administrative sanctions applicable by the competent authority:

I - warning;

II - simple fine, limited, in total, to R$ 50,000,000.00 (fifty million reais) per infraction, being, in the case of a private legal entity, up to 2% (two percent) of its revenue, of its group or conglomerate in Brazil in its last fiscal year, excluding taxes;

III - publicizing the infraction after being duly investigated and confirmed its occurrence;

IV - prohibition or restriction to participate in the regulatory sandbox regime provided for in this Law, for up to five years;

V - partial or total, temporary or definitive suspension of the development, supply or operation of the artificial intelligence system; and

VI - prohibition of processing certain databases.

§ 1 The sanctions shall be applied after an administrative procedure that allows the opportunity for full defense, in a gradual manner, isolated or cumulatively, according to the peculiarities of the specific case and considering the following parameters and criteria:

I - the severity and nature of the infractions and the possible violation of rights;

II - the good faith of the offender;

III - the advantage obtained or intended by the offender;

IV - the economic condition of the offender;

V - recidivism;

VI - the degree of damage;

VII - the cooperation of the offender;

VIII - the repeated and demonstrated adoption of mechanisms and internal procedures capable of minimizing risks, including the algorithmic impact analysis and effective implementation of a code of ethics;

IX - the adoption of a policy of best practices and governance;

X - the prompt adoption of corrective measures;

XI - the proportionality between the severity of the fault and the intensity of the sanction; and

XII - the cumulation with other administrative sanctions eventually already definitively applied for the same illicit act.

§ 2 Before or during the administrative procedure of § 1, the competent authority may adopt preventive measures, including a comminatory fine, observing the total limit referred to in item II of the caput, when there is evidence or well-founded fear that the artificial intelligence agent:

I - causes or may cause irreparable or difficult to repair damage; or

II - renders the final result of the process ineffective.

§ 3 The provisions of this article do not replace the application of administrative, civil or criminal sanctions defined in Law No. 8,078, of September 11, 1990, Law No. 13,709, of August 14, 2018, and specific legislation.

§ 4 In the case of development, supply or use of excessive risk artificial intelligence systems, there shall be, at a minimum, application of a fine and, in the case of a legal entity, partial or total, provisional or definitive suspension of its activities.

§ 5 The application of the sanctions provided for in this article does not exclude, under any circumstances, the obligation to fully repair the damage caused, under the terms of art. 27.

Art. 37

105 words

Section III Measures to foster innovation

470 words

Art. 38

37 words

Art. 39

89 words

Art. 40

62 words

Art. 41

42 words

Art. 42

233 words

Section IV Public artificial intelligence database

51 words

CHAPTER IX FINAL PROVISIONS

48 words

JUSTIFICATION

1472 words

The development and popularization of artificial intelligence technologies have revolutionized various areas of human activity. Furthermore, predictions indicate that artificial intelligence (AI) will cause even more profound economic and social changes in the near future.

Recognizing the relevance of this issue, some legislative proposals were recently presented, both in the Federal Senate and in the Chamber of Deputies, with the objective of establishing guidelines for the development and application of artificial intelligence systems in Brazil.

In particular, the following stand out: Bill (PL) No. 5,051, of 2019, authored by Senator Styvenson Valentim, which establishes the principles for the use of Artificial Intelligence in Brazil; PL No. 21, of 2020, by Federal Deputy Eduardo Bismarck, which establishes foundations, principles and guidelines for the development and application of artificial intelligence in Brazil, and provides other measures, and which was approved by the Chamber of Deputies; and PL No. 872, of 2021, by Senator Veneziano Vital do Rêgo, which provides for the use of Artificial Intelligence.

On February 3, 2022, these three projects began to be processed jointly in the Federal Senate and, subsequently, on February 17 of the same year, through Act No. 4 of the President of the Federal Senate, of 2022, of my authorship, at the suggestion of Senator Eduardo Gomes, bearing in mind the elaboration of a legal text with the most advanced technicality, the Commission of Jurists was instituted to subsidize the elaboration of a draft substitute for them.

Composed of renowned jurists, the commission had as members great specialists in the fields of civil law and digital law, whom I thank for their time, dedication and sharing of the final text, which I now present. The collegiate was composed of: Minister of the Superior Court of Justice, Ricardo Villas Bôas Cueva (President); Laura Schertel Ferreira Mendes (Rapporteur); Ana de Oliveira Frazão; Bruno Ricardo Bioni; Danilo Cesar Maganhoto Doneda (in memoriam); Fabrício de Mota Alves; Miriam Wimmer; Wederson Advincula Siqueira; Claudia Lima Marques; Juliano Souza de Albuquerque Maranhão; Thiago Luís Santos Sombra; Georges Abboud; Frederico Quadros D'Almeida; Victor Marcel Pinheiro; Estela Aranha; Clara Iglesias Keller; Mariana Giorgetti Valente and Filipe José Medon Affonso. I could not fail to thank, furthermore, the technical staff of the Federal Senate, especially the Legislative Consultancy and the servers who provided support to the collegiate: Reinilson Prado dos Santos; Renata Felix Perez and Donaldo Portela Rodrigues.

The aforementioned Commission held a series of public hearings, in addition to an international seminar, listening to more than seventy specialists on the subject, representatives of various segments: organized civil society, government, academia and the private sector. It also opened the opportunity for the participation of any interested parties, through written contributions, having received 102 manifestations, individually analyzed and organized according to their proposals. Finally, the Commission requested the Legislative Consultancy of the Federal Senate to study the regulation of artificial intelligence in more than thirty member countries of the Organization for Economic Cooperation and Development (OECD), which allowed analyzing the global regulatory panorama of the matter.

Based on all this extensive material, on December 6, 2022, the Commission of Jurists presented its final report, together with a draft bill for the regulation of artificial intelligence.

In this context, the present initiative is based on the conclusions of the aforementioned Commission and seeks to reconcile, in legal discipline, the protection of fundamental rights and freedoms, the valorization of work and human dignity, and the technological innovation represented by artificial intelligence.

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

The proposition starts from the premise, therefore, that there is no trade-off between the protection of fundamental rights and freedoms, the valorization of work and human dignity in face of the economic order and the creation of new value chains. On the contrary, its foundations and its principled basis seek such harmonization, under the terms of the Federal Constitution.

Structurally, the proposition establishes a risk-based regulation and a regulatory modeling based on rights. It also presents governance instruments for an adequate accountability of the economic agents who develop and use artificial intelligence, encouraging good faith action and effective risk management.

The proposed text initially defines general foundations and principles for the development and use of artificial intelligence systems, which guide all other specific provisions.

It dedicates a specific chapter to the protection of the rights of persons affected by artificial intelligence systems, in which it: guarantees appropriate access to information and adequate understanding of decisions made by these systems; establishes and regulates the right to contest automated decisions and to request human intervention; and disciplines the right to non-discrimination and the correction of discriminatory biases.

In addition to establishing basic and transversal rights for any and all contexts in which there is interaction between machine and human being, such as information and transparency, it intensifies such obligation when the AI system produces relevant legal effects or significantly impacts the subjects (ex: right of contestation and human intervention). Thus, the weight of regulation is calibrated according to the potential risks of the context of application of the technology. Symmetrically to the rights, certain general and specific governance measures were established for, respectively, artificial intelligence systems with any degree of risk and for those categorized as high risk.

When addressing the risk categorization of artificial intelligence, the proposition establishes the requirement for preliminary assessment; defines prohibited applications, due to excessive risk; and defines high-risk applications, subject to stricter control standards.

Regarding the governance of systems, the project lists the measures to be adopted to ensure transparency and mitigation of biases; establishes additional measures for high-risk systems and for governmental artificial intelligence systems; and regulates the procedure for algorithmic impact assessment.

The text also addresses the rules of civil liability involving artificial intelligence systems, including defining the hypotheses in which those responsible for their development and use will not be held liable.

In accordance with the gradation of norms according to the risk posed by the system - which permeates the entire draft of the proposition - an important differentiation is made in the chapter on civil liability: when dealing with a high-risk or excessive-risk AI system, the provider or operator will be objectively liable for the damages caused, to the extent of each one's participation in the damage. And when dealing with AI that is not high risk, the fault of the agent causing the damage will be presumed, applying the reversal of the burden of proof in favor of the victim.

The project also reinforces protection against discrimination, through various instruments, such as the right to information and understanding, the right to contestation, and a specific right to correct direct, indirect, illegal or abusive discriminatory biases, in addition to preventive governance measures. In addition to adopting definitions of direct and indirect discrimination - thus incorporating definitions from the Inter-American Convention against Racism, promulgated in 2022 - the text has as a point of attention (hyper)vulnerable groups both for the qualification of what constitutes a high-risk system and for the reinforcement of certain rights.

When providing for the inspection of artificial intelligence, the project determines that the Executive Branch designates an authority to ensure compliance with the established norms and specifies its competencies and establishes administrative sanctions.

Measures to foster innovation in artificial intelligence are also provided for, with emphasis on the experimental regulatory environment (regulatory sandbox).

With this, based on a mixed approach of ex-ante and ex-post provisions, the proposition outlines criteria for the purpose of evaluating and triggering what types of actions should be taken to mitigate the risks at stake, also involving the interested sectors in the regulatory process, through co-regulation.

Still, in line with international law, it sets guidelines to conform copyright and intellectual property rights to the notion that data should be a common good and, therefore, circulate for machine training and the development of artificial intelligence systems - without, however, implying harm to the holders of such rights. There are, with this, developments on how regulation can foster innovation.

In view of the above, and aware of the challenge that the matter represents, we count on the collaboration of our noble colleagues for the improvement of this proposal.

Senate Sessions, Senator Rodrigo Pacheco

What OECD AI Principle are emphasised?

Hide 5 items

1.1 - Inclusive growth 1.2 - Human-centred values 1.3 - Transparency + explainability 1.4 - Robustness, security + safety 1.5 - Accountability

What is the policy area?

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Consumer protection Data governance Design and testing standards Regulatory Compliance and Transparency Authorisation, registration and licensing Other operating conditions

Which policy instrument is applied?

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Data protection regulation Authorisation of Goods or Services Compliance mechanism regulation Design requirement Documentation requirement Legal due diligence requirement Notification requirement Organisational requirement Performance monitoring requirement Public disclosure requirement Risk management requirement Testing requirement Prohibition of goods and services Interoperability requirement User/subject right

Which regulatory requirements are imposed?

Selected 1

General data protection requirement Data composition requirement Human oversight requirement System safety requirement Other system design requirement Accuracy and robustness testing requirement Bias testing requirement Automated logging requirement Legal compliance monitoring requirement Right to information on system-in-use Right to information about the AI system Right to contest AI-assisted decision Right to request explanation of AI-assisted decision Right to request human determination of AI-assisted decision Technical reference material documentation requirement Testing results documentation requirement System-in-use disclosure requirement Technical reference material disclosure requirement Other public disclosure requirement Incident notification requirement Risk notification requirement Risk assessment requirement Impact assessment requirement Presumption of compliance condition Prohibition of goods and services Authorisation of Goods or Services Code of conduct requirement Team composition requirement Other organisational requirement Risk management requirement Interoperability requirement Data subject right Non-discrimination requirement

Are there risk-based requirements?

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Which AI model type is regulated?

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What's the legal nature of the provision?

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