Brazil’s ANPD Must Advance AI Regulation Before Legal Framework, Says President

Brazil’s ANPD Must Advance AI Regulation Before Legal Framework, Says President
Photo: unsplash.com 11.03.2025 323

Waldemar Gonçalves emphasizes the need for better oversight of algorithms.

The National Data Protection Authority (ANPD) plans to regulate artificial intelligence (AI) systems in Brazil before the approval of the legal framework for AI, which is currently under final discussion in the National Congress. In an interview with Valor, the agency’s president, Waldemar Gonçalves, confirmed this approach.

Mr. Gonçalves emphasized that the ANPD has both the authority and responsibility to regulate emerging technologies, particularly when they involve the protection of personal data.

“We are not waiting for the AI legal framework in Brazil to begin regulating. Article 20 of the LGPD [General Data Protection Law] already requires us to address automated decision-making,” he explained during the Mobile World Congress 2025 in Barcelona. “For now, we are focusing on this article. When the law is enacted, it will bring additional obligations for regulating AI in Brazil, and that will lead to further regulatory actions.”

While there may be uncertainties about the ANPD’s role in regulating AI, Mr. Gonçalves is clear on one issue: the regulation of algorithms on social networks that target younger audiences is squarely within the agency’s mandate.

“This is certainly our responsibility,” he stated. “Protecting children and adolescents is not only a priority for our regulatory agenda but also one of the four main goals we are focusing on at the moment,” 

he added, citing the protection of children and adolescents, data subject rights, data scraping (the indiscriminate collection of data), and facial recognition as key priorities.

The ANPD, established during the COVID-19 pandemic, will mark its fifth anniversary in 2025. Over the past year, it has gained attention for its increased enforcement actions, holding tech giants accountable.

The agency has launched inspections and imposed sanctions on major digital platforms, including Meta (owner of Facebook, Instagram, and WhatsApp), TikTok, and X. Most recently, the ANPD suspended the collection of iris biometric data by the startup Tools for Humanity (TfH), which had been offering financial compensation in the form of worldcoin (WLD) cryptocurrency to individuals who agreed to register.

Regarding algorithms used on social networks, Gonçalves acknowledges that improved oversight is required, particularly when it comes to the possibility of sanctioning advertisements targeting young people. While he affirms that targeted advertising is not inherently prohibited, it is crucial to assess whether “profiling”—the practice of collecting user data and behavior on these platforms—is being used to personalize content, target ads, or boost engagement.

For Mr. Gonçalves, transparency is key, particularly regarding how algorithms collect and use data from children and teenagers. 

“It’s important to clarify that every user’s behavior on social media constitutes personal data directly tied to that individual,” 

he said.

At the technology conference in Barcelona, Gonçalves held meetings with foreign regulators and major tech companies like Meta, focusing on privacy, data protection, and AI usage. One of his key discussions was with the European Data Protection Supervisor (EDPB), and he is scheduled to meet with the Spanish Data Protection Authority (AEPD) in Madrid next Thursday (13).

At the event in Barcelona, regulatory experts debated the role of governments in addressing the growing market concentration of “big tech” companies. This discussion unfolds as U.S. President Donald Trump advocates for greater freedom for American technology firms, while the European Union (EU) moves forward with a new regulation on AI systems, the AI Act, which is viewed as more restrictive.

“I see that the ‘big techs’ have reached an absurd level of value. If you look at their assets, it’s our data—the personal data of citizens in Brazil and around the world,” 

said the president of the ANPD.

*along with its subsidiaries Facebook and Instagram is banned and designated as extremist in Russia

Source: Valor International

digital markets  Brazil 

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