Understand the PL of artificial intelligence and how it impacts companies

Forbes magazine spoke with Dr. Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, to discuss the bill that creates the legal framework for Artificial Intelligence, and its impacts on the lives of companies.

Understand the PL of artificial intelligence and how it impacts companies

The president of the Senate, Rodrigo Pacheco, presented on Wednesday, 3, a bill that regulates the use of AI

Luiz Gustavo Pacete

May 7, 2023

Popularized by OpenAI's ChatGPT, artificial intelligence has become the top technology topic of recent months. On Wednesday, the 3rd, the president of the Senate, Rodrigo Pacheco presented a bill that regulates the use of AI. According to Márcio Chaves, partner at Almeida Advogados, the PL materializes the global trend towards regulating the topic of artificial intelligence, “of undeniable necessity given the absence of rules that help mitigate risks both with the current status of technology, but mainly in the short and medium term future that we have with the technological advances that are exponential.”

Still according to Márcio, the main positive point of the text is the establishment of obligations, which in today's legislation are still seen more as recommendations and good practices. "To follow principles for the safe and ethical use of artificial intelligence, evaluating and documenting prior to the development and use of artificial intelligence, to act preventively, as remediation may not be possible or sufficient. But it lacks adjustments, such as the inclusion among the hypotheses of limitation of civil liability for damages caused, for developers and users of artificial intelligence who follow the obligations brought by regulation, as their absence may discourage compliance with the law", concludes Marcio.

“AI is here to stay, and the impacts on business and the economy are undeniable. We have already seen mass movements of large players replacing certain positions with AI, trades taking place based on inputs from available AI tools, among others. The market is changing at an exponential speed, generating impacts that must be addressed by normative and regulatory changes. With this context in mind, it is essential to highlight that the PL presented aligns with the regulatory principles proposed by the European Union (which has been under discussion for some time) – which differ from the US vision on how to regulate the issue.

The fact is that the proposal presented by the President of the Senate, Rodrigo Pacheco, as well as other global regulations in progress, will impact the internal processes of companies that use artificial intelligence for whatever purposes, in a very similar way as data protection (with LGPD and GDPR) impacted day-to-day operations. In fact, some companies with more robust use have already been looking for us to implement Compliance with AI, in order to take precautions – I think that these in progress are one of the first in Brazil”, comments Matheus Puppe, partner at Maneira Advogados.

“Regarding the project, it is necessary to emphasize that the law aims to establish general standards for the development, implementation and responsible and ethical use of artificial intelligence systems, in order to protect fundamental rights and guarantee the security and reliability of these systems. Therefore, companies that use artificial intelligence must adapt to the rules by implementing compliance and governance measures for the conscious and ethical use of the solution, under penalty of suffering sanctions, such as fines of up to R$50 million in case of infringement (very similar to the LGPD, and also in line with what the EU has been proposing)”, explains Matheus.

The PL also presents a list of 14 points considered high risk if the artificial intelligence system is used for purposes such as education, recruitment, screening, candidate evaluation, among others. "This means that companies that use artificial intelligence in these areas must be even more careful in the implementation and use of these systems, in order to guarantee the protection of the rights of the individuals involved (similar to sensitive data, in the case of the LGPD). On the other hand, the law can bring benefits to companies that use artificial intelligence responsibly and in compliance with the rules established by law, generating greater trust between customers and partners, in addition to increasing the efficiency of business processes and reducing the risks of human error and failure", says Matheus.

https://forbes.com.br/forbes-tech/2023/05/entenda-o-pl-da-inteligencia-artificial-e-como-ele-impacta-as-empresas