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01 QPulse 18
02 Table of Contents
03 Mayhem with a capital M
04 The New Legislative Challenges in Artificial Intelligence
05 Moving Oracle Databases to Oracle Cloud: a primer
06 What does the future hold for e-invoicing?
07 Harnessing High-Performance Computing Capabilities in Oracle Cloud Infrastructure for Research
08 Unlocking the Benefits of JD Edwards Orchestrator for Your Organization
09 How do we protect critical assets?
10 How to attract young people in the IT Industry
11 Temporary Replacement Opportunity
12 Working at Quistor
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The New Legislative Challenges in Artificial Intelligence

Author: Elena de Azpiazu López

Legal Counsel @Quistor

Artificial Intelligence (AI) is rapidly transforming our world and presenting unprecedented legislative challenges. As AI becomes an integral part of various sectors, it is crucial to establish a robust legal framework that addresses risks and promotes ethical and responsible development of this technology. In this article, we will explore the new legislative challenges in AI and analyse regulations at both the European and global levels to tackle these challenges.

Key Ethical and Legal Principles in AI Regulation

The regulation of AI globally is based on fundamental ethical and legal principles. These include algorithmic transparency, privacy and data protection, fairness and non-discrimination, accountability, security, and governance. These principles guide legislative efforts and aim to ensure that AI is developed and used ethically and responsibly.

Legislative Challenges in the Field of AI

Regulating AI faces several challenges. One of them is the need to strike a balance between protecting fundamental rights and promoting innovation. Global collaboration is also required to address cross-border challenges and ensure consistent regulation worldwide. Additionally, regulation must be flexible enough to adapt to rapid technological advancements and avoid normative obsolescence.

International Collaboration in AI Regulation

The international community recognizes the importance of collaboration in AI regulation. Organizations such as the Organisation for Economic Co-operation and Development (OECD) and the United Nations Commission on International Trade Law (UNCITRAL) are working on international frameworks and principles for AI. These efforts aim to establish common standards and foster cooperation among countries in the regulatory field.

European Regulation of Artificial Intelligence

Ø The European Union (EU) has taken a progressive approach to regulating AI. Recently, the European Parliament has taken an important step by adopting the text of the 'Artificial Intelligence Act,' a set of measures that will redefine the AI landscape in Europe.

The 'AI Act' emerges as the first set of laws dedicated exclusively to the regulations of AI; it is the first regulation of its kind in the world. This legislation, once definitively approved, will significantly transform the use and development of AI systems in the community environment.

Among the most notable provisions of the new regulation are the following:

  • Biometric facial recognition systems for creating databases are prohibited, except for the pursuit of serious crimes and only with judicial authorization.
  • The use of emotion recognition software is banned in security, work, and educational environments, and social scoring systems are prohibited.
  • The definition of high-risk areas in the use of AI systems has been expanded, including the healthcare sector and systems used to influence voters in political campaigns.
  • Large social media platforms will also be under scrutiny, with a particular focus on their content recommendation algorithms.
  • In a novel twist, generative models like ChatGPT will have to comply with additional transparency requirements, including disclosing whether the content has been generated by AI and preventing the generation of illegal content.

Regulating Artificial Intelligence is a crucial topic on the legislative agenda both at the European and global levels. AI presents complex challenges that require robust and concerted legislative action. Regulation should strike a balance between protecting fundamental rights and promoting innovation, and it should be based on strong ethical and legal principles. Through international collaboration and ongoing dialogue, we can ensure that AI is developed and used for the benefit of society and humanity as a whole.

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