EU AI Act: first regulation on artificial intelligence
As part of its digital strategy, the EU wants to regulate artificial intelligence (AI) to ensure better conditions for the development and use of this innovative technology. AI can create many benefits, such as better healthcare; safer and cleaner transport; more efficient manufacturing; and cheaper and more sustainable energy.
In April 2021, the European Commission proposed the first EU regulatory framework for AI. It says that AI systems that can be used in different applications are analysed and classified according to the risk they pose to users. The different risk levels will mean more or less regulation.
Learn more about what artificial intelligence is and how it is used
What Parliament wants in AI legislation
Parliament’s priority is to make sure that AI systems used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly. AI systems should be overseen by people, rather than by automation, to prevent harmful outcomes.
Parliament also wants to establish a technology-neutral, uniform definition for AI that could be applied to future AI systems.
Learn more about Parliament’s work on AI
Learn more about Parliament’s vision for AI’s future
AI Act: different rules for different risk levels
The new rules establish obligations for providers and users depending on the level of risk from artificial intelligence. While many AI systems pose minimal risk, they need to be assessed.
Unacceptable risk
Unacceptable risk AI systems are systems considered a threat to people and will be banned. They include:
Cognitive behavioural manipulation of people or specific vulnerable groups: for example voice-activated toys that encourage dangerous behaviour in children
Social scoring: classifying people based on behaviour, socio-economic status or personal characteristics
Biometric identification and categorisation of people
Real-time and remote biometric identification systems, such as facial recognition
Some exceptions may be allowed for law enforcement purposes. “Real-time” remote biometric identification systems will be allowed in a limited number of serious cases, while “post” remote biometric identification systems, where identification occurs after a significant delay, will be allowed to prosecute serious crimes and only after court approval.
High risk
AI systems that negatively affect safety or fundamental rights will be considered high risk and will be divided into two categories:
1) AI systems that are used in products falling under the EU’s product safety legislation. This includes toys, aviation, cars, medical devices and lifts.
2) AI systems falling into specific areas that will have to be registered in an EU database:
Management and operation of critical infrastructure
Education and vocational training
Employment, worker management and access to self-employment
Access to and enjoyment of essential private services and public services and benefits
Law enforcement
Migration, asylum and border control management
Assistance in legal interpretation and application of the law.
All high-risk AI systems will be assessed before being put on the market and also throughout their lifecycle. People will have the right to file complaints about AI systems to designated national authorities.
Transparency requirements
Generative AI, like ChatGPT, will not be classified as high-risk, but will have to comply with transparency requirements and EU copyright law:
Disclosing that the content was generated by AI
Designing the model to prevent it from generating illegal content
Publishing summaries of copyrighted data used for training
High-impact general-purpose AI models that might pose systemic risk, such as the more advanced AI model GPT-4, would have to undergo thorough evaluations and any serious incidents would have to be reported to the European Commission.
Content that is either generated or modified with the help of AI – images, audio or video files (for example deepfakes) – need to be clearly labelled as AI generated so that users are aware when they come across such content.
Supporting innovation
The law aims to offer start-ups and small and medium-sized enterprises opportunities to develop and train AI models before their release to the general public.
That is why it requires that national authorities provide companies with a testing environment that simulates conditions close to the real world.
Next steps
The Parliament adopted the Artificial Intelligence Act in March 2024 and the Council followed with its approval in May 2024. It will be fully applicable 24 months after entry into force, but some parts will be applicable sooner:
The ban of AI systems posing unacceptable risks will apply six months after the entry into force
Codes of practice will apply nine months after entry into force
Rules on general-purpose AI systems that need to comply with transparency requirements will apply 12 months after the entry into force
High-risk systems will have more time to comply with the requirements as the obligations concerning them will become applicable 36 months after the entry into force.
Source: https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence
