An Analysis of the Implications of the LGPD in the Use of Artificial Inteligence

Abstract

This article analyzes the challenges faced by companies in creating, training, and using Artificial Intelligence (AI), with a focus on compliance with the General Personal Data Protection Law (LGPD). The legislation requires that the processing of personal data comply with principles such as explicit consent, specific purpose, and necessity. Thus, AI applications must be limited to processing strictly necessary data, avoiding excesses and ensuring their use is aligned with the purposes previously communicated to the data subjects. One of the main challenges faced is the opacity of AI systems, which hinders the transparency required by the LGPD, especially complex models such as deep learning, which operate as "black boxes" and obliterate the legally required transparency. Furthermore, the LGPD mandates the adoption of technical and administrative information security measures to prevent unauthorized access and data leaks, generating high costs in systems integrated with large databases and diverse platforms. Finally, organizations that operate AI systems that violate a user's privacy may be held accountable and suffer sanctions such as significant fines, suspension, or prohibition from engaging in activities related to data processing.