Will PL that regulates AIs like ChatGPT in Brazil benefit users? Experts respond

Report from EXAME dealt with the bill that regulates the use and application of artificial intelligence in Brazil. Dr. Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, was interviewed to comment on the topic.

Will PL that regulates AIs like ChatGPT in Brazil benefit users? Experts respond

Bill presented in the Legislature seeks to protect fundamental rights in the use of artificial intelligence programs

Last week, a bill seeking to regulate artificial intelligence (IA) in Brazil was presented in the wake of the discussion on the regularization of digital platforms and the fight against fake news. The intention is to protect the fundamental rights of users of programs of this type, such as ChatGPT.

The President of the Senate and the National Congress, Rodrigo Pacheco (PSD-MG) presented on Wednesday, 3, the PL 2,338/2023.

“This initiative is based on the conclusions of the aforementioned Commission and seeks to reconcile, within legal discipline, the protection of rights and fundamental freedoms, the valorization of work and the dignity of the human person and the technological innovation represented by artificial intelligence”, explained Pacheco.

The document aims to “protect fundamental rights and guarantee the implementation of safe and reliable systems, for the benefit of the human person, the democratic regime and scientific and technological development” and can impact the functioning of services such as ChatGPT and machine learning tools, widely used by companies, especially security and banks.

In addition, failure to comply with what is proposed by the project may result in a fine of up to R$50 million for individuals and 2% of revenue for legal entities, with the risk of total or partial suspension, temporary or definitive, of the development, supply or operation of the artificial intelligence system.

Now, the PL goes for analysis in the Senate's thematic committee, which can be either Science, Technology and IT (CCT) or one created especially to discuss the PL. Then, if approved, it goes to the plenary for a vote. Again, if approved, it will be analyzed by the Chamber of Deputies.

WILL THE PL BENEFIT BRAZILIAN AI USERS?

Legal experts are divided on the issue. While Luis Fernando Prado, partner at Prado Vidigal Advogados, does not see “urgency in the regulation of artificial intelligence at the moment” and recalls that “the use of AI systems is already regulated by legislation such as the Consumer Protection Code (CDC) and the General Data Protection Law (LGPD)”, others view the PL's proposals favorably.

“The text of the PL presented most recently contains very rigid provisions and does not seem to be balanced as it should be. Therefore, if it is approved as it is, it could impact the development of AI in Brazil, generating disincentives for the sector”, explained Luis Fernando, in an interview with EXAME.

Matheus Puppe, partner in the TMT, Privacy and Data Protection area at Maneira Advogados, approves the PL 2.338/2023 initiative.

“It is essential that there are clear and well-defined rules for the development and implementation of these systems, in order to guarantee the protection of fundamental rights and scientific and technological development for the benefit of the human person and the democratic regime”, he said, to EXAME.

The misuse of artificial intelligence tools is an important point that the bill sheds light on, according to Matheus. This may put fundamental user rights, such as privacy and non-discrimination, at risk.

“The bill presented by the president of the Senate establishes a series of measures to minimize the risks of using artificial intelligence in areas considered high risk, such as education, health and administration of justice, in addition to providing for sanctions for those responsible for the system in the event of infringement, as well as in data protection”, he explained.

For now, Cauê Batista, a lawyer specializing in ESG and Compliance at Zilveti Advogados, also cannot see any disadvantages in the bill. The risk of there being any disadvantage, according to him, would be if regulation becomes so restrictive that it impedes the advancement of technology, but that “does not seem to be the case”.

The lawyer highlighted the provision for holding the supplier or operator of the AI system liable in the event of any damages.

“The bill, by establishing risk gradations of AIs, highlights those that can pose a high risk to users and society. The use of AI in management and infrastructure systems; in public or private services that are considered essential, such as healthcare, transportation and public safety can pose a high risk,” he explained.

“In this scenario, in which there is a high-risk implementation of AI, the supplier and operator may be held objectively responsible, that is, they will be held responsible regardless of guilt or intent (conscious intent)”, he added.

Despite this, it is worth highlighting that the bill may still undergo numerous changes and adaptations. It is a “living organism”, according to Cauê.

“While the PL is discussed, after it is approved, it will have to be discussed whether it is working, where it is working, where it is not, what needs to be trimmed. So it will be a living organism for as long as it lasts. While AIs were developing, the legislation will have to develop along with it”, he concluded.

https://exame.com/future-of-money/pl-que-regulamenta-ias-como-chatgpt-no-brasil-vai-beneficiar-usuarios-especialistas-respondem/