Brazilian Government Opens Consultation on Artificial Intelligence and Data Protection

Brazil's National Data Protection Agency ("ANPD") initiated a public consultation on the relationship between artificial intelligence (AI) and data protection. At this point, there is no proposed draft regulation, but ANPD is requesting responses to 15 open-ended questions. The consultation may lead to specific legislation and regulation.

The questions include topics such as: the compatibilization of AI and data protection principles; AI-related data treatment; data ownership rights in connection with AI use; and good practices and governance.

The consultation is open until December 5, 2024.

Why is this important for business?

Brazil's Congress is debating a new AI legal framework for the country. The current draft of this bill, in debate in the Senate Artificial Intelligence Temporary Committee ("CTIA"), establishes ANPD as the country's new AI regulator.

The information collected by ANPD through this public consultation might directly impact its proposals to amend the bill in Congress, as well as to develop future regulation on data privacy and AI. ANPD has been active in issuing new regulation and in launching investigations of large technology companies' AI and data privacy policies and practices.