Brazilian Data Protection Authority opens a call for contribution for its Regulatory Sandbox for Artificial Intelligence and Data Protection

Hogan Lovells

Hogan Lovells[co-author: Julio Cesar, Oliveira Alves]

On October 3, the Brazilian National Data Protection Authority (“ANPD”) announced the commencement of a public consultation process regarding its pilot regulatory sandbox program ("Consultation"). All interested parties can participate in the consultation by submitting information and comments through the Participa + Brasil Platform prior to November 1st.

The pilot program creates a controlled environment to test technologies related to artificial intelligence (“AI”) developed by the participants. The goal is that, through innovation in this controlled space, best practices can be implemented to ensure compliance with laws and regulations related to personal data protection.

The information obtained during the Consultation resulted in the publication of a technical study entitled "Regulatory sandbox for artificial intelligence and data protection in Brazil" (the “Study”). The creation of this sandbox marks an important collaboration between the ANPD and the Development Bank of Latin America and the Caribbean (“CAF”), which has shared its methodologies, knowledge and experiences for the development of regulatory sandboxes in the region.

A consultation of this nature allows for a wider range of contributions, ensuring transparency and inclusion in ANPD’s decision-making process. In addition, the Consultation provides an opportunity for interested parties, i.e. individuals, organizations, private sector representatives and experts, to express their opinions, raise concerns and contribute information to shape the structure of the sandbox.

Please see below information on relevant details and deadlines:

  • Consultation period: From October 3, 2023 until November 1, 2023.
  • Method of collecting contributions: online, via the platform Participa Mais Brasil (here).
  • Call for contribution: Available here (in Portuguese and English).
  • Draft of the Study: Available here (in Portuguese).
  • Duration of the Study: Up to 24 (twenty four) months.

Finally, the Study is an important step toward identifying feasible applications of AI in several industries and fostering long-term research on this revolutionary technological tool with respect to data privacy and cybersecurity in Brazil.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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