On July 6th, 2023, the ANPD shared its initial analysis of Bill 2338/2023, which addresses the implementation of Artificial Intelligence in Brazil.

In the preliminary assessment, the agency highlighted its crucial role in AI regulation, particularly concerning the processing of personal data, and expressed concerns about creating a new regulatory body for AI, pointing out a possible overlap of responsibilities. This analysis indicated ANPD’s intention to be the authority responsible for overseeing AI in the country.

In its second analysis, released in Technical Note No. 16/2023, the authority reiterated the importance of a centralized regulatory body, proposing its role as the central supervisory authority in conjunction with three complementary instances, as follows:

  1. Competent authority (central regulatory body);
  2. Executive Power (preparation of public policies for the development of AI systems);
  3. Sectoral regulatory bodies (acting in coordination with the central regulatory body); and
  4. Advisory Council (body intended to ensure society’s participation in the decision-making processes of other instances).

The ANPD also suggested the Executive Power as competent for drawing up, managing, updating, and implementing the Brazilian Artificial Intelligence Strategy (EBIA). According to the Technical Note, ANPD would contribute to drafting and implementing the EBIA.

To read the complete document, click HERE.

❮ Return to LGDP Express Bulletin 04/23