AI regulations bill pending government clarification
In the final stages of discussions on the bill (PL) regulating artificial intelligence (AI) in Brazil, Congress is awaiting a signal from the government regarding which agency will oversee the sector. Currently, the National Telecommunications Agency (Anatel) and the National Data Protection Authority (ANPD) are the main contenders for the role.The decision lies with the federal government and is expected to be communicated through the PL, which could be integrated into the current text under discussion or conveyed via a provisional presidential decree shortly after the new legislation is enacted.According to the bill, authored by Senate Majority Leader Rodrigo Pacheco, the designated authority will "ensure, implement, and monitor compliance" with the law.The Office of the Chief of Staff plans to propose a recommendation during a meeting with the team of the bill’s rapporteur in the Senate, Senator Eduardo Gomes, later this month. Mr. Gomes aims to present his report by the beginning of April.One of the most debated aspects of the AI bill in the Senate is the classification of each sector as "excessive risk" or "high risk." The risk level of the system will influence the determination of civil liability in cases of property, moral, individual, or collective damage.For instance, in the category of high risk, the text already specifies "applications in the health sector, including those used to support diagnosis and medical procedures." This broad inclusion has been met with skepticism by some industry members.According to sources, rapporteur Eduardo Gomes is contemplating excluding the direct classification of risk levels from his report and delegating this responsibility to the regulatory authority. In this approach, the report would lay out the criteria for determining risk levels, but the specific classification of each sector would be decided subsequently.Another approach under consideration is a hybrid model, where only specific risk categories are predefined, leaving the classification of the remainder to the designated regulatory...
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