Advances and Challenges: The New European Artificial Intelligence Law
By Mariana Guzmán and Florencia Gutierrez
In December 2023, the Council and the European Parliament reached a provisional agreement on the first AI regulation. Although the law is not yet in force, this legislative framework fosters responsible innovation in Europe and represents a significant step towards regulating AI and protecting fundamental rights in a constantly evolving technological environment.
The law seeks to ensure the safety and protection of European citizens’ rights in relation to AI, as well as to boost responsible innovation across the continent.
The main objectives of the law are:
• Safety and Citizens’ Rights: The legislation ensures that AI systems used in the EU are safe and respect the fundamental rights of citizens. This involves setting security and data protection standards to mitigate potential risks associated with the use of AI in various fields such as health, employment, and public safety.
• Encouragement of Investment and Innovation: The regulation aims to create an environment conducive to the responsible development and implementation of AI technologies, thereby driving investment and innovation in the AI field.
• Risk-based approach: The law establishes a risk-based approach to AI regulation. The higher the risk associated with an AI system, the stricter the applicable rules and requirements. This allows regulation to be adapted to the nature and potential impact of AI applications, avoiding hindering innovation without compromising the safety and citizens’ rights.
• Prohibited Practices Systems: Criteria are defined to identify high-risk AI systems, such as those that may cause significant harm to society or violate fundamental rights. These systems will be subject to specific requirements and obligations to mitigate risks and ensure their safety and transparency.
The legislation prohibits the use of AI in practices deemed unacceptable, such as cognitive manipulation or indiscriminate use of personal data for facial recognition without consent, in order to protect individual rights and promote ethical use of AI technology.
• Protection of Fundamental Rights: The regulation establishes the obligation to assess the impact on fundamental rights before introducing new AI systems to the market, ensuring that AI applications respect principles of privacy, non-discrimination, and transparency, among others.
AI functional models, which may have a wide scope and diversity of applications, must comply with additional transparency obligations to inform users about their operation and potential associated risks.
The European Parliament formalized its approval on March 12, 2024; however, its entry into force is subject to legal and linguistic verifications. Once these verifications are completed, the law must be published in the Official Journal of the European Union, and from that moment, it will take 24 months to become effective.
This agreement represents a benchmark in AI regulation, establishing a framework to address AI-associated risks and encourage responsible development both in Europe and globally.
For further information please contact mguzman@ojambf.com or fgutierrez@ojambf.com
References:
https://spain.representation.ec.europa.eu/noticias-eventos/noticias-0/las-claves-de-la-nueva-ley-de-inteligencia-artificial-2024-01-25_es
https://ec.europa.eu/commission/presscorner/detail/es/ip_23_6473
