Artificial Intelligence in Brazil: the Brazilian Strategy for Artificial Intelligence (BSAI/EBIA) and Bill No. 21/2020

Society is going through a period of important technological changes, with the digital transformation being one of the protagonists of the 21st century. The virtual environment has been integrated to different aspects of human experience, from business to affective relationships, from culture to leisure and all other manifestations, typically offline. This has caused several impacts on a social, economic and political level. Within the scope of digital transformation is Artificial Intelligence (AI). In this direction, the question arises: “but, after all, what are the limits and parameters for the use of AI by companies and the government?”. If you want to know a little more about the recent approval of Bill No. 21/2020 in the Chamber of Deputies and discover some important points of the Brazilian Strategy for Artificial Intelligence (BSAI/EBIA), keep reading!

Artificial Intelligence and its impacts on society: covid-19 pandemic

Whether from chatbots, mechanisms that suggest options suitable to your preferences or tools that help in decision making, AI is increasingly present in people’s lives. Its use impacts both the lives of citizens and the daily lives of companies and the government sector. This is one of the reasons why there is growing concern regarding the establishment of ethical principles regarding the use of AI.

As far as the conceptualization of technology is concerned, there is no consensus on the meaning. There are several aspects to be valued in relation to its analysis, such as, for example, if this technology is an integrated system with another or if it is an autonomous machine capable of making decisions based on data analysis, as well as based on use their past experiences to guide future actions, such as self-driving vehicles and drones.

However, it is necessary to pay more attention to the impacts that AI can cause in people’s lives than the exactness of its concept. Special attention must be given to the presence and use of AI by the market and the public sector, observing the consequences (positive and negative) for citizens.

Undoubtedly, the consequences of the covid-19 pandemic accelerated and strengthened the use of Information and Communication Technologies (ICTs) in different parts of the world. In this direction are the results of the IBM study carried out by Morning Consult, published in May 2021.

With regard to AI, in Latin American countries such as Argentina, Chile, Peru, Colombia and Mexico, only about 21% of Information Technology (IT) professionals claim to use AI in the companies where they work, while at the Brazil this rate reaches 40%. Also according to the study, around 37% of Brazilian companies use this type of solution aimed at customer service, 35% for process automation and 28% for security.

Brazilian Artificial Intelligence Strategy (BSAI/EBIA)

In April 2021, the Ministry of Science, Technology and Innovation, linked to the Federal Government, presented the Brazilian Strategy for Artificial Intelligence (BSAI/EBIA) with the aim of drawing up a development plan for the country in this area. The document will guide the performance of the Brazilian executive power with regard to the development of actions that encourage research, innovation and the development of AI solutions, as well as the conscientious, ethical use in favor of a better future. The BSAI/EBIA was built gathering diverse and sectorial visions, including considering international experiences.

In this regard, it should be noted that, in 2018, the European Commission for the Efficiency of Justice published the “European Ethical Charter on the use of artificial intelligence in judicial systems and their surroundings”, through which five principles were listed for promotion and preservation of ethics: respect for fundamental rights, with the proposal to observe ethics in design; non-discrimination, which is related to the tendency of the data to represent patterns of discrimination; quality and safety, using certified sources; transparency, impartiality, and justice, in order to achieve accessible and understandable data processing, submitted to external audits, and the principle “under user control”, ensuring that users are informed actors. In addition, in January 2021, the document “Artificial intelligence: questions of interpretation and application of the International Law” was approved, which cites several other legal diplomas approved by the European Parliament and which make reference to the use of AI.

Returning to the Brazilian strategy, it is noteworthy that the BSAI/EBIA has the following objectives: to contribute to the elaboration of ethical principles for the development and use of responsible AI; promote sustained investments in AI research and development; remove barriers to innovation in AI; train and train professionals for the AI ecosystem; stimulate innovation and development of Brazilian AI in an international environment; and to promote an environment of cooperation between public and private entities, industry and research centers for the development of LA. In the document, 9 thematic axes and a set of 74 strategic actions are elaborated. In addition to BSAI/EBIA, 8 AI centers are being created in Brazil.

The idea is that the strategy guidelines serve as a parameter for the elaboration of laws that involve AI. It is important to emphasize that the use of this technology by social actors requires a high level of transparency and access to the information used in the process. Since the transparency of policies aimed at establishing and regularizing technologies linked to AI is of paramount importance, this means offering citizens the guarantee of exercising social control over the public administration and the private sector. In this same sense, it is worth mentioning Bill No. 21/20, which establishes principles, rights, and duties in relation to the use of AI in Brazil.

Bill No. 21/2020 and the National Congress

Bill No. 21/2020, approved by the Chamber of Deputies on September 29, 2021, provides for the creation of rules for the use of AI in Brazil, aiming to establish rights and duties on the use of AI by the power public, by companies, various entities and individuals, creating a kind of legal framework for the development and use of AI in Brazil. Currently, the matter is being analyzed by the Federal Senate.

The text establishes principles, rights, duties, and governance instruments for AI. Among its foundations is respect for human rights, equality, plurality, non-discrimination, free enterprise, and privacy. The document highlights the importance of transparency in the use of AI, based on the disclosure of how it works. However, it is noteworthy that the PL is not exempt from criticism, in fact, in several legal provisions it is possible to perceive a generic character and lack of technical basis. Such broad character may not be useful in relation to the protection of personal data or even with regard to ethical aspects and the application of AI by companies and government. Due to the serious impacts that the use of this technology can cause in the lives of individuals and groups of individuals, it is necessary to have robust and effective regulation, and not just a law that does not apply to reality.

The PL text also has positive points such as the “principles for the responsible use of artificial intelligence in Brazil” (art. 6), which, later, may be complemented by specific laws. Due to the rapid technological development in the area, very specific legislation could run the risk of being out of date in a short time, making it easier for companies and the public sector to escape legal liability.

Bill No. 21/2020 provides for the figure of the “AI agent”, which can be either the one who develops and implements an AI system, that is, under the terms of the bill, the “development agent”, as the one who is opera, or “operational agent”. AI agents will have a number of responsibilities, such as being legally responsible for the decisions made by an AI system and ensuring that the data used complies with the General Data Protection Law (GDPL / LGPD).

Another innovation of the project is the creation of the AI impact report, a document prepared by AI agents with a description of the technology, including risk management and containment measures. The publication of the report may be requested by the government, which may also recommend the adoption of standards and improvements in technology. According to the proposal, the disclosure will be carried out by the “AI agent”, however, according to experts on the subject, the articles that refer to the report are incipient and too generic, which is not desirable in specific legislation on the thematic. The text also foresees that the public authorities encourage the adoption of AI in public services, preferably in a free and open format, support research in the area, train people to adapt to the new technology reality, and create governance mechanisms.

Tying the stitches together, one concludes that…

Brazil still does not have a regulatory framework for AI. Bill No. 21/20, which establishes the bases and principles for the development and application of AI in the country, is being processed by the National Congress. Regarding the PL, there are concerns about gaps and generic points presented in the body of the text. The BSAI/EBIA is an important document for the development and use of AI in Brazil, but the country is still taking the first steps in this matter. The document is also generic, presenting, between other topics, guidelines for using the technology.

In addition to Bill No. 21/20 and the BSAI/EBIA, there are other normative texts of the Brazilian legal system that can dialogue with the subject, such as, for example, the GDPL/LGPD and the Consumer Defense Code (CDC).

Due to the fact that there is still no specific regulation on AI in Brazil, its impacts raise a series of ethical-legal questions. Therefore, the limits and parameters of the use of AI by companies and governments are still uncertain, which can impact citizens’ rights.

The use of AI must be in harmony with the rights guaranteed to citizens, whether enshrined in the national constitution or by the Universal Declaration of Human Rights (UDHR/DUDH). The use of new technologies by the market or by the States must always be aligned with social well-being and the promotion of a decent life.

The views and opinions expressed in this blogpost are those of the author. 
Illustration by Freepik Stories.