Over the past decade, artificial intelligence (AI) has become a global strategic priority with a relentless focus and emphasis on development and implementation in almost every industry vertical. Recently, in particular, there has been some very notable changes in the world of Artificial Intelligence Regulation.
The Proposal for a Regulation on a European approach to Artificial Intelligence creates a new regulatory legal framework for the development, marketing and use of artificial intelligence in conformity with European Union values. These changes are uniquely positioning the EU to play a leading role in the advancement of Artificial Intelligence regulation on a global level.
The proposal also introduces a new European Artificial Intelligence Board, overseeing and coordinating enforcement of the proposal.
The regulations are wide-ranging and apply to:
The list of prohibited practices comprises all those AI systems whose use is considered unacceptable as contravening Union values, for instance by violating fundamental rights. Such rights include manipulative and exploitative practices where AI systems are being used to manipulate human behaviour through choice architectures.
Other prohibited AI practices will include:
(a) deploying subliminal techniques beyond a person’s consciousness in order to materially distort that person’s behaviour, in a manner that causes (or is likely to cause) physical or psychological harm to them or another person.
(b) AI systems that exploit vulnerabilities of a specific group of persons due to their age, physical or mental disability, in order to materially distort their behaviour, similar to (a).
(c) using ‘Social Scoring’ to conduct large scale evaluation or classification of trustworthiness of natural persons, based on their social behaviour or personal / personality characteristics - which then leads to detrimental or unfavourable treatment.
(d) using AI for “manipulative, addictive, social control and indiscriminate surveillance practices.” It defines “manipulative AI" as a system that would “cause a person to behave, form an opinion or take a decision to their detriment that they would not have taken otherwise."
Providers of high-risk AI systems will have to meet a range of obligations. The proposal defines high risk in two ways:
d) Manufacturers of products (which are covered by EU legislation,and include high-risk AI systems) are responsible for compliance as if they were the provider of the high-risk AI system.
The proposal states that a European Artificial Intelligence Board shall provide governance and oversight of the regulation. The Board will be composed of representatives of the appropriate regulators from each member state, as well as the European Data Protection Supervisor and the Commission.
In line with the new regulations, these authorities will have the power to issue fines and other forms of penalties which will generally be determined at a Member State level.
However, the regulation states that fines of up to €20m or 4% of a company's global turnover can be applied, where the infringement relates to undertaking prohibited AI practices or supplying incorrect or false information to notified bodies.
Read more about the newly proposed regulations here.
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