There is an incorrect notion that there are no laws on artificial intelligence, but several standards already apply - what we don't have is specific legislation regulating this technology in a comprehensive way. However, this scenario promises to change a lot in the near future.
The European Parliament recently approved the "AI Act", the first regulation on the subject in the European Union and a very important milestone for the regulation of Artificial Intelligence. It is based on the protection of fundamental rights and the responsible use of AI, showing progress towards the protection of individuals against disinformation, algorithmic transparency, surveillance, among others, in the face of the significant increase in the use of these technologies in the most diverse sectors. On the other hand, it also establishes precise guidelines on risk management and corporate accountability, bringing security and rationality to the adoption of new AI products.
Despite being a European regulation, the effects and progress of the issue are spreading to other countries and, as happened with privacy legislation a few years ago, are speeding up the approval of new laws on the use of artificial intelligence. In addition, the regulatory process should spread even faster after the UN General Assembly itself passed a resolution a few days ago promoting "safe, secure and reliable systems" of AI and recommending that member countries pass legislation to regulate it. In doing so, it recognizes both the risks associated with AI and also its benefits, including in achieving the UN's Sustainable Development Goals.
In Brazil, the use of artificial intelligence is still partially regulated, taking into account its impacts on privacy in the LGPD, intellectual property issues in the Copyright Law, its risks to consumers in the CDC and other issues in various general laws. We also already have a bill under discussion in Congress (PL Law No. 2338/2023), which deals precisely with regulating the use of artificial intelligence, and a regulatory sandbox for AI and personal data protection, open to public consultation by the ANPD. In any case, it is worth noting that even in the absence of a specific law, a company can be held liable for the risks created by the use or supply of AI systems.
We always recommend caution and responsible use of artificial intelligence, and if your company has any questions or needs legal validation of an AI project, our specialized team is ready to help.