The regulatory framework for artificial intelligence in the country is under analysis in the House of Representatives, but the issue is also discussed in the Senate as part of the new civil law. The civil rights reform project in Brazil determines the rules of ethics and transparency in the use and production of artificial intelligence systems, as well as obligations to digital platforms.
The Senate’s proposal was prepared by the Jurisprudence Committee and was presented in January by Senator Rodrigo Pacheko (PSD-MG), the former Speaker of the House of Representatives and one of the concepts of the subject among the Senate members. The Special Committee must analyze the text.
The project determines, among other topics, that the use of artificial intelligence in providing digital service “clearly and follow the necessary moral standards, according to the principles of goodwill and the social function of the contract.”
The development of artificial intelligence systems must also be “respecting the rights of personality” stipulated in the law – such as the right to life, image, name and privacy – to be “safe and reliable”.
They must also follow the conditions of access and transparency, as well as “human tragedy, and governance”.
The standards are more general, but the project shows that the rules do not rule out the application of others on the same topic and international agreements that Brazil is signed.
Right -wing
The blog reform also aims to unify the legislation of the rules of digital law, such as protecting data and personal information. The text states that digital service providers must take “safety protection” steps user information and may take responsibility for the leaks.
The text also creates obligations to digital platforms, “Great Technology” called so as guidelines for moderate content and procedures to prevent the circulation and prevention of illegal content.
Big companies in the digital world – such as target and Google – must “periodically assess regular risks.” Another commitment to platforms will be to perform annual and independent audits, on its part, to assess the fulfillment of the obligations stipulated in the law.
The major technology may be an administrative and civil official for compensation for those created by third parties in the event of the content issued on their platforms. The responsibility for the damage itself may also occur if companies fail to comply with compliance with the rules stipulated in the code.
In the view of the lawyer and deputy head of the Brazilian Institute of Family Law, Maria Pernes Dias, the organization of networks and AI in the country is a discussion that must take place “as soon as possible.” She said CNN The last death of children motivated by the online challenges supports the need for discussion.
The lawyer said: “There is no reason for this issue (platform obligations) outside the civil law. Nevertheless,” we will not put in the civil law because it will give controversy, “there is this hill of Pendurranhos (in legislation). It is a topic that had to enter yes.”
Digital inheritance
He has CNNA lawyer and prize of the introduction from the Jurists Committee who analyzed the bill, Flevio Tartus, said that the need to modernize the legislation was urgent. He pointed out that the current civil law “does not even contain a line in the digital world, digital contracts, digital inheritance and other topics.”
The proposal submitted to the Senate presents the idea of ”digital heritage”, which includes “economic heritage of economic nature”. This is the condition of digital assets, such as electronic or encrypted, and even digital grades such as weather miles.
Through the text presented in the Senate, in the event of death, private messages stored in a virtual environment by the heirs – unless there are prior instructions from the author of the inheritance. To arrive, the project creates a judicial permission and prove the need.