The Brazilian Data Protection Authority (“ANPD”) defines the regulatory sandbox as “a collaborative experimentation between the regulator, the regulated entity and other interested parties. The objective is to test regulatory innovations in a controlled space, through a structured methodology. The expression refers to an environment where structures are built that are easily remodeled or reconstituted, due to the malleable material of which they are composed.”
In this way, it can be understood that the regulatory sandbox is a tool that has today demonstrated to be the most likely to reduce information asymmetry between all agents involved.
The ANPD regulatory sandbox proposal is:
- To reconcile the protection of fundamental rights with the continuity of innovation.
- To allow analysis of new tools and their behavior in different regulatory scenarios.
- To identify gaps in relation to effectiveness and build regulation that adapts to new scenarios.
To this end, last year the ANPD opened a consultation with society on the regulatory sandbox for artificial intelligence and personal data protection in Brazil, so that Brazilians and foreigners were able to collaborate. Contributions were accepted from both the public and private sectors.
Furthermore, it is essential to highlight the participation of Lucas dos Anjos, an ANPD servant, in an important event held at the beginning of March in Paris. This event was the OECD-African Union Dialogue on Artificial Intelligence. During the event, Lucas represented the Authority on the panel “Implementing the OECD Principles: Designing and Managing a National AI Strategy”.
During the dialogue, the ongoing project at ANPD on the Regulatory Sandbox was introduced, providing the opportunity for clarifications on this initiative, as well as the significant public participation in the development of the project being emphasized, indicating that around 70 contributions were received regarding to public consultation. Therefore, Brazil’s prominence in this initiative is notable, and in how it aligns and complements similar policy efforts in other countries.
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Author: Caroline Muniz, Attorney at Law at Peduti Advogados.
Source: O sandbox regulatório (https://www.gov.br/anpd/pt-br/sandbox/o-sandbox-regulatorio); Aberta consulta à sociedade sobre sandbox regulatório de inteligência artificial e proteção de dados pessoais no Brasil (https://www.gov.br/anpd/pt-br/assuntos/noticias/aberta-consulta-a-sociedade-sobre-sandbox-regulatorio-de-inteligencia-artificial-e-protecao-de-dados-pessoais-no-brasil); Sandbox Regulatório é apresentado em evento na OCDE, em Paris (https://www.gov.br/anpd/pt-br/assuntos/noticias/servidor-da-anpd-participa-de-evento-da-ocde-em-paris).
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