EveryAILaw.comDoes Brazil AI Bill (PL 2338/2023) require Transparency & Disclosure?
Brazil • proposed
Yes — 1 provision
Requirements at a glance
This regulation imposes 6 specific requirements for Transparency & Disclosure across 1 provision:
- Disclosure of AI interaction — Art. 5(I) gives every affected person, at any risk level, the right to accessible free information that an interaction is automated, conveyed with standardised icons or symbols (Art. 5 § 1); cybersecurity and cyberdefence systems are excepted
- Right to explanation — Art. 6(I) grants an explanation of a high-risk system's decision, recommendation, or prediction, subject to trade and industrial secrecy (Art. 6 § 1)
- Explanation procedure — Art. 7 requires the explanation to be free, in plain accessible language, within a reasonable period; the competent authority sets deadlines and a simplified procedure scaled to system complexity and agent size
- Documentation — Art. 18 requires developers and deployers of high-risk systems to keep lifecycle documentation and to use tools that allow accuracy and robustness to be assessed
- Procedures for exercising rights — Art. 9 requires high-risk agents to state, clearly and accessibly, how the Chapter II rights are exercised
- Synthetic content marking — Art. 19 requires an identifier in AI-generated synthetic content for authenticity and provenance verification; artistic and entertainment works may signal via credits or metadata (Art. 19 § 3)
Transparency and Explainability #
Requirements
| Requirement | Details |
|---|---|
| Disclosure of AI interaction | Art. 5(I) gives every affected person, at any risk level, the right to accessible free information that an interaction is automated, conveyed with standardised icons or symbols (Art. 5 § 1); cybersecurity and cyberdefence systems are excepted |
| Right to explanation | Art. 6(I) grants an explanation of a high-risk system's decision, recommendation, or prediction, subject to trade and industrial secrecy (Art. 6 § 1) |
| Explanation procedure | Art. 7 requires the explanation to be free, in plain accessible language, within a reasonable period; the competent authority sets deadlines and a simplified procedure scaled to system complexity and agent size |
| Documentation | Art. 18 requires developers and deployers of high-risk systems to keep lifecycle documentation and to use tools that allow accuracy and robustness to be assessed |
| Procedures for exercising rights | Art. 9 requires high-risk agents to state, clearly and accessibly, how the Chapter II rights are exercised |
| Synthetic content marking | Art. 19 requires an identifier in AI-generated synthetic content for authenticity and provenance verification; artistic and entertainment works may signal via credits or metadata (Art. 19 § 3) |
Penalties
| Violation | Fine |
|---|---|
| Non-compliance | Up to BRL 50 million or 2% of revenue |