Recently, the entrepreneurial ecosystem was ‘shaken’ by the drop in shares of technology companies in the United States and Europe following the announcement that the Chinese app DeepSeek was the most downloaded of the day. Launched last week and completely free to the public, the Chinese Artificial Intelligence (AI) tool gained popularity. In general, AI tools dominate the news and popular imagination, but debates related to privacy policies and data protection are still scarce.
Since its enactment, Constitutional Amendment 115/2022 established that the protection of personal data is a fundamental right, guaranteed to all Brazilians by the Constitution. However, the privacy policy of the currently most popular AI, DeepSeek, concerns some experts, who consider the automatic collection of data such as ‘keystroke dynamics,’ monitoring, and capturing user behavior as a point of concern.
– The company mentions that the collected data will be shared with ‘our corporate group,’ but it does not specify which companies these are, nor the purpose or intent of this sharing. However, the privacy policy of other major companies, such as OpenAI, the creator of ChatGPT, follows the same pattern of not clearly specifying which companies are part of the ‘corporate group’ or the purpose of data processing. What we need to understand is that users today are concerned, or should be concerned, about better understanding how their data is being used – says Lucas Euzébio, a Big Tech expert and partner at Silva Lopes Advogados.
In the race to ensure the safety of artificial intelligence users, Brazil is considering Bill No. 2338/2023, which establishes the Legal Framework for AI. Approved by the Senate, the bill aims to regulate the technology in the country, in addition to stating that it should have risk classifications to be followed. In recent weeks, the issue of consent and security gained prominence with the decision to suspend the collection of sensitive data (through eye iris scans) by Tools for Humanity in Brazil, which offered financial rewards to those who underwent the procedure.
