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Regulatory Framework for Artificial Intelligence

The Chamber of Deputies approved on 06/07 the urgency regime for Bill 21/20, by deputy Eduardo Bismack, which establishes the Legal Framework for Artificial Intelligence. The proposal establishes principles, rights and duties for the use of artificial intelligence in Brazil and could be voted on in the next Plenary sessions.

We highlight here some important points brought by the Artificial Intelligence Legal Framework:

  • What will be the DEFINITIONS OF THE GUIDING CONCEPTS FOR THE USE OF ARTIFICIAL INTELLIGENCE;
  • What are the requirements relating to the presentation of an IMPACT REPORT BY ARTIFICIAL INTELLIGENCE AGENTS;
  • How are the fundamentals of development TECHNOLOGICAL, INNOVATION and FREE COMPETITION will be combined with RESPECT FOR HUMAN RIGHTS and DEMOCRATIC VALUES; href="https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=1853928">Access the full version of PL 20/21

Technical Meetings – Impact Report established by the General Data Protection Law

Technical meetings promoted by the National Data Protection Authority (ANPD) were held on the 21st, 23rd and 25th of June 2021 to discuss the Personal Data Protection Impact Report.

The topics discussed were: i) Methodologies and criteria for the preparation and analysis of the Impact Report; ii) situations that give rise to the need or exemption from preparing an Impact Report and iii) transparency and publicity of Impact Reports for the public and private sector.

Technical meetings take place within the scope of the impact report regulation process and are part of the ANPD's Biannual Regulatory Agenda, under the terms of Ordinance no. 11 of 01/27/2021.

Global Cyber Security Index 2020

The results of the global cybersecurity index were released last week by the International Telecommunications Union (ITU). Brazil went from 71st place to 18th place in the global ranking and among the countries of the Americas, Brazil is in 3rd place, behind only the United States and Canada.

The ITU global index is obtained from the assessment of legal, technical, cooperative, organizational and capacity building measures and measures countries' actions to confront the cyber rich.

The acceleration of digital transformation in Brazil requires both the adoption, by the Brazilian State, of public policies and technical and regulatory initiatives that safeguard cybersecurity, as well as the collaboration and engagement of other Brazilian agents related to the operation of critical infrastructures and the development of secure products and services. In the Brazilian case, essentially due to the adoption of new legal frameworks focused on the protection of personal data and cybersecurity, including through the institutional reorganization of the work conducted by Anatel's GT-Ciber, as well as the initiatives of the Security Incident Response Groups (CSIRTs) and the good practices and security standards developed by the Internet Steering Committee (CGI), there was a very positive perception of the national performance, promoting the country to third place in the ranking of the Americas.

The TMT and Privacy & Data Protection team had the opportunity to participate in the analysis of this result released by the ITU, through news published in digital media and on the Ministry of Communications news portal published on 07/04/2021.

More information

5G Notice

The 5G Notice is in the final stage of technical analysis by the Federal Audit Court (TCU) after numerous exchanges of information between Anatel and TCU. The Minister of Communications, Fabio Faria, and the President of Anatel, Leonardo Euler, participated on 07/07/21 in a meeting with TCU ministers for the latest clarifications and debates on the Notice.

As already informed by TCU technicians, the requirement that the auction be used to finance the construction of a private network for the exclusive use of the federal government could not prosper. TCU's understanding is that such a network should be paid for through a separate tender, with the Union's own budget.

After preparing the TCU's technical report, which must be approved by the reporting minister Raimundo Carreiro, Anatel will be able to put the 5G auction on the agenda.

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