More than 40 documents with suggestions from various social actors were delivered to the special committee created to analyze the issue, which requested a new extension of the deadline. SDB continues to monitor and participate in the discussions
On May 21, parliamentarians and experts advocated that Brazil and the Mercosur member countries develop specific legislation to regulate the use of personal data and artificial intelligence (AI). They participated in a seminar promoted by the Brazilian Representation in the Mercosur Parliament, chaired by Senator Nelsinho Trad (PSD-MS).
The seminar was proposed by Senator Carlos Viana (Podemos-MG), president of the Temporary Committee on Artificial Intelligence (CTIA). The committee is analyzing the bill (PL) 2.338/23, suggested by the President of the Senate, Rodrigo Pacheco. The text regulates the use of AI in the country. According to Viana, the committee should vote on the report by Senator Eduardo Gomes (PL-TO) by July.
“Very restrictive regulation could condemn us to technological dependence in a strategic area in terms of global competitiveness. Ineffective regulation would make society a prisoner of big tech. The final report, prepared by Senator Eduardo Gomes, combines responsibility and freedom, ensures protection of fundamental rights and fosters innovation,” explained the president of CTIA during the event.
The upcoming vote on Bill 2,338/23 seems to have sparked the interest of several stakeholders in the final stretch of the process in the Federal Senate. So far, the bill's rapporteur has received 43 documents with more than 2,000 pages of proposals and, as a result, the special committee created to analyze the issue has requested a new extension of the deadline. Previously scheduled for another week, it will now run until the last day before the parliamentary recess, on July 17. The new deadline extended the committee's operations for another 55 days.
The coordinator of Government Relations for Digital Health Brazil (SDB), Wislas Sousa, explains that Bill 2,338/23 was filed by the President of the Senate and originated from a committee of legal experts set up by Senator Rodrigo Pacheco (PSD/MG) himself, with the aim of creating sectoral regulations for several issues, including AI. At the end of this meeting, a preliminary bill was presented, which later became a bill in its own right. From a political perspective, the Bill has a lot of strength and the Senator is taking it forward, planning to leave it as one of the legacies of his term.
“The contributions to the bill came not only from the health sector, but also from sectors such as education, industry, commerce and services. For all places where AI can be applied, this bill should address the general bases. At the moment, the temporary committee that is analyzing AI in the Senate has already been extended several times, and the deadline for Senator Eduardo Gomes to present his opinion would now be in May. At the end of April, he presented a preliminary opinion, which provided a basic text of what he is thinking, with adjustments made based on the contributions received from the regulated sectors,” says Sousa.
According to the Government Relations Coordinator, the SDB structured a technical note presented to Senator Eduardo Gomes' office in December 2023 and the document focused on three main points: risk classification in the health sector; accountability of AI agents; and competence of sectoral bodies.
The initial text of the bill classified any application of AI in the health sector as high risk. The SDB argued that this classification is not necessary for all AI applications in health, such as tools for digitizing medical records or scheduling appointments, as they do not present high risk.
Furthermore, the entity proposed that the liability of AI agents be proportional to their participation in the resulting damage and suggested that regulation be based on general principles, leaving the creation of technical standards and specific resolutions to sectoral bodies, allowing for more flexible regulation that is adaptable to rapid technological advances.
For Sousa, there have been important advances, especially in the issue of risk classification in the health sector. Some points have been partially addressed and there is still room for debate and improvement.
“SDB advocates that AI regulation should be principle-based, with sectoral bodies (such as ministries and regulatory agencies) responsible for detailed and practical regulation, as this allows for a more agile response to technological changes and emerging needs in the sector,” says the coordinator.
The 55-day extension will give Gomes time to submit the final version of the report. The new CTIA calendar has set the 22nd of this month as the deadline for submitting contributions.
The final report is due to be submitted on June 5, and a thematic session will take place in the Senate plenary on June 10. The CTIA vote on the report is scheduled for June 12, while the plenary vote could take place on June 18. Dates are subject to change.
