Brazil: Passed Bill No. 2338 of 2023 regulating the use of Artificial Intelligence including data protection measures

On 10 December 2024, the Brazilian Senate passed Bill No. 2338 of 2023, which regulates the use of artificial intelligence and outlines data protection measures. The bill requires providers of artificial intelligence (AI) systems to comply with individuals' right to privacy and protection of personal data, based on the General Data Protection Law. It requires providers to inform individuals if they are exposed to emotion recognition systems or biometric categorisation systems, and the data used by the system. In addition, the Bill establishes the right of individuals to correct incomplete, inaccurate or outdated data used by the AI systems and to request anonymisation, blocking or deletion of data. Finally, the Bill establishes the right of individuals to be free from discrimination based on personal data, including geographic origin, race, colour or ethnicity, gender, socio-economic class, sexual orientation, age, disability, religion or political opinion.