Inteligência artificial e o direito à privacidade: navegando pelos desafios regulatórios no Brasil

Abstract

This study analyzes the impact of Artificial Intelligence (AI) on privacy in Brazil, focusing on the substitute for Bills No. 5,051 of 2019, No. 21 of 2020, and No. 872 of 2021. With the fast advancement of AI, which possesses learning and autonomy capabilities, unprecedented challenges arise for privacy protection, particularly in the digital environment. The objective is to understand how data collection, analysis, and usage practices by AI systems influence privacy and explore paths for a balanced and effective regulatory framework. Methodologically, the work adopts a qualitative approach, with legislative and bibliographic content analysis, and uses a case study on the proposed substitute in Brazil to deepen the understanding of AI challenges. The work aims to evaluate the implications of AI on the effectiveness of the right to privacy, examining the impact of this technology on user privacy on the internet and the legislative proposals under consideration. The work concluded that it is of utmost importance to include privacy impact assessments in the laws and develop legislation that specifically addresses the challenges of AI, with an emphasis on ethics, transparency, and accountability. The study advocates for regulation adapted to the risks of different AI applications for effective governance. Thus, it is observed that a robust and adaptable regulatory framework is crucial to mitigate risks and promote a safe digital environment and technological development that respects fundamental rights, especially privacy.