Emerging Regulation Aims to Safeguard Fundamental Rights and Foster Innovation in AI

Introduction:
The recent regulation, reached after negotiations with member states, has been met with significant approval and aims to address the potential risks associated with artificial intelligence (AI) while simultaneously promoting innovation. With a focus on protecting fundamental rights, democracy, the rule of law, and environmental sustainability, this new legislation positions Europe as a leader in the field of AI.

Banned Applications:
In order to safeguard citizens’ rights, the regulation prohibits certain AI applications. These include the use of biometric categorization systems based on sensitive characteristics and the untargeted scraping of facial images to create facial recognition databases. Emotion recognition in workplaces and schools, social scoring, predictive policing solely reliant on profiling, and AI intended to manipulate human behavior or exploit vulnerabilities are also forbidden under these new rules.

Exemptions for Law Enforcement:
While the regulation takes a firm stance on ensuring the protection of individuals’ rights, it recognizes the need for limited exceptions in law enforcement. Use of biometric identification systems (RBI) by law enforcement agencies is generally prohibited, except in specific and well-defined scenarios. The deployment of “real-time” RBI requires strict safeguards, such as time and geographical limitations, as well as explicit judicial or administrative authorization. Post-facto usage of such systems (“post-remote RBI”) is considered high-risk and necessitates judicial authorization linked to a criminal offense.

Obligations for High-Risk Systems:
To address the potential harm to health, safety, fundamental rights, environment, democracy, and the rule of law, the regulation imposes clear obligations on high-risk AI systems. These requirements apply to critical infrastructure, education, vocational training, employment, essential public and private services (e.g., healthcare, banking), certain law enforcement systems, migration and border management, and justice and democratic processes (e.g., electoral influence). High-risk systems must engage in risk assessment and mitigation, maintain comprehensive use logs, incorporate transparency and accuracy, and ensure human oversight. Additionally, citizens have the right to submit complaints regarding AI systems and receive explanations about decisions that impact their rights when high-risk AI systems are involved.

Transparency Requirements:
The regulation highlights the need for transparency in general-purpose AI (GPAI) systems and the models supporting them. These requirements include compliance with EU copyright law and the publication of detailed summaries of the content used for training. Particularly powerful GPAI models that may pose systemic risks will be subject to additional requirements, such as undergoing model evaluations, analyzing and mitigating systemic risks, and providing incident reports. Furthermore, the regulation mandates clear labeling of artificial or manipulated images, audio, or video content (“deepfakes”).

Measures to Support Innovation and SMEs:
Recognizing the importance of fostering innovation, the regulation empowers national authorities to establish regulatory sandboxes and facilitate real-world testing. These provisions aim to enable small and medium-sized enterprises (SMEs) and startups to develop and train innovative AI technologies before bringing them to market.

FAQ:

Q: What is the purpose of the recently ratified AI regulation?
A: The AI regulation seeks to protect fundamental rights, democracy, the rule of law, and environmental sustainability while also fostering innovation in the field of AI.

Q: Are there any banned AI applications under the new regulation?
A: Yes, certain AI applications, such as biometric categorization systems based on sensitive characteristics and untargeted scraping of facial images, as well as emotion recognition in workplaces and schools, social scoring, predictive policing based solely on profiling, and AI designed to manipulate human behavior or exploit vulnerabilities, are all prohibited.

Q: Are there any exceptions for law enforcement agencies?
A: Yes, limited exceptions exist for the use of biometric identification systems (RBI) in law enforcement, provided strict safeguards are met, including explicit authorization and adherence to time and geographical limitations.

Q: What obligations are imposed on high-risk AI systems?
A: High-risk AI systems must undergo risk assessment and mitigation, maintain comprehensive use logs, ensure transparency and accuracy, and incorporate human oversight. Citizens also have the right to lodge complaints and receive explanations about decisions influenced by high-risk AI systems.

Q: How does the regulation address transparency?
A: General-purpose AI systems must adhere to transparency requirements, including compliance with copyright law, publication of training content summaries, and clear labeling of artificial or manipulated content (“deepfakes”).

Q: How does the regulation support innovation and SMEs?
A: The regulation enables the establishment of regulatory sandboxes and real-world testing at the national level, providing SMEs and startups with opportunities to develop and train innovative AI technologies.

Conclusion:
With this groundbreaking regulation, Europe is taking a significant step towards ensuring the responsible development and use of AI. By striking a balance between safeguarding fundamental rights and fostering innovation, Europe is positioning itself as a global leader in this rapidly evolving field.

Sources:
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Definitions:
– Artificial intelligence (AI): The simulation of human intelligence in machines that are programmed to think and learn like humans.
– Biometric categorization systems: Systems that use biometric data, such as facial characteristics, fingerprints, or iris scans, to categorize individuals.
– Facial recognition databases: Databases that store facial images for the purpose of identifying individuals.
– Emotion recognition: The ability of AI systems to detect and interpret human emotions based on facial expressions, voice tone, or other physiological signals.
– Predictive policing: The use of AI algorithms to analyze data and predict crime patterns or identify potential offenders.
– Profiling: The process of analyzing and categorizing individuals based on their personal, social, or behavioral characteristics.
– Transparency: The principle of providing clear and understandable information about the technology, algorithms, and decision-making processes used in AI systems.
– General-purpose AI (GPAI): AI systems that are designed to perform a wide range of tasks and functions.
– Deepfakes: Artificial or manipulated images, audio, or video content that appear to be real but have been altered or created using AI technology.

Related links:
Creating and innovating in Europe
Regulatory sandboxes in Europe
European Commission AI strategy
White Paper on Artificial Intelligence – European Commission

The source of the article is from the blog yanoticias.es

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