🇧🇷 Binding
Brazil - Federal Republic of Brazil
Summary
Key Obligations
- Provide explanations about automated decisions affecting individuals
- Allow for human review of automated decisions upon request
- Conduct Data Protection Impact Assessments for high-risk AI systems
- Ensure non-discrimination in AI systems and algorithms
- Implement data minimization and purpose limitation principles
- Maintain documentation of compliance measures
Enforcement
Regulator
Brazilian National Data Protection Authority (ANPD)
Penalties
Up to 2% of revenue in Brazil (capped at R$50 million per violation)
Audit Mechanism
Regulatory inspections, documentation reviews, and technical audits
Applicable To
- All organizations processing personal data in Brazil
- Companies with Brazilian operations
- Organizations offering services to Brazilian residents
- AI system developers and operators processing personal data
AI-GPM Coverage
TR provides comprehensive coverage for LGPD AI provisions, including automated documentation, bias detection tools, explainability features, and workflow management for human reviews of automated decisions.
Overview
Brazil’s General Data Protection Law (Lei Geral de Proteção de Dados Pessoais, or LGPD) includes specific provisions related to automated decision-making and artificial intelligence systems that process personal data. These provisions establish requirements for transparency, fairness, and accountability in AI systems, particularly those that make decisions affecting individuals.
The LGPD, which came into full effect in 2020, is Brazil’s comprehensive data protection framework, similar to the EU’s GDPR. The AI-related provisions within the LGPD are legally binding and apply to all organizations that process personal data in Brazil, regardless of where they are based.
Key Components
Right to Explanation
The LGPD grants individuals the right to request explanations about automated decisions that affect their interests. Organizations must be able to provide clear and adequate information about the criteria and procedures used in automated decision-making processes.
Human Review
Individuals have the right to request human review of decisions made solely by automated systems, including AI. Organizations must establish processes to facilitate such reviews when requested.
Data Protection Impact Assessments
Organizations must conduct Data Protection Impact Assessments (DPIAs) for high-risk processing activities, which often include AI systems that make significant decisions about individuals.
Non-discrimination
The LGPD prohibits the use of personal data for discriminatory, unlawful, or abusive purposes. This provision is particularly relevant for AI systems, which must be designed and trained to avoid unfair bias and discrimination.
Implementation Timeline
August 2018
LGPD is enacted, including provisions related to automated decision-making and AI.
August 2020
LGPD comes into effect, though enforcement provisions are delayed.
August 2021
Administrative sanctions under the LGPD become enforceable, including those related to non-compliance with AI provisions.
2022-2023
Brazil’s National Data Protection Authority (ANPD) issues guidance on interpreting and implementing the LGPD’s AI-related provisions.
How ThreatReaper Helps
Compliance Assessment
TR provides a comprehensive assessment of your AI systems against the LGPD’s requirements, identifying areas of compliance and gaps that need to be addressed.
Explainability Tools
Our platform includes tools to enhance the explainability of AI systems, helping you meet the LGPD’s requirements for providing explanations of automated decisions.
Bias Detection and Mitigation
TR provides advanced tools for detecting and mitigating bias in AI systems, helping you comply with the LGPD’s non-discrimination requirements.
Human Review Workflow
Our platform includes workflow management tools to facilitate human review of automated decisions when requested by individuals, helping you meet this key LGPD requirement.
