The European Commission released its proposals for regulating artificial intelligence (AI) last week, as part of its greater digital strategy for the international stage. Ryan Dunleavy speaks to Compliance Week about its impact.

The European Commission says in its white paper that while it recognises the benefits of AI, which is a fast-developing technology, AI “entails a number of potential risks, such as opaque decision-making, gender-based or other kinds of discrimination, intrusion in our private lives or being used for criminal purposes”. Its AI white paper states: “The Commission supports a regulatory and investment oriented approach with the twin objective of promoting the uptake of AI and of addressing the risks associated with certain uses of this new technology. The purpose of this white paper is to set out policy options on how to achieve these objectives.”


The Compliance Week article says:

‘Ryan Dunleavy, partner at law firm Stewarts and head of its media disputes department, says that while the proposals raised in the white paper are useful, he believes they are “just the start on a long road to legal changes” and “lack sufficient detail”. For instance, he says, the white paper “only touches” on facial recognition technology and “seems to take a weak approach to it”, despite the fact it is being rapidly rolled out and “poses many existing regulatory and legal conundrums, particularly regarding data and privacy”.

‘He also queries the practicalities of the European Union imposing higher legal standards than the United Kingdom and the United States on AI for companies that are often multinational and operating cross-border.

‘“Will companies need to modify their existing AI solely for Europe, and if so, how? Alternatively, will other jurisdictions start raising their legal standards?” says Dunleavy. Until the rules around AI governance become more standardized internationally, he says, “companies are likely to need to take a mosaic approach to developing regulations and legislation affecting AI in different jurisdictions”.’

Ryan Dunleavy also attended the Leuven AI Law & Ethics Conference (LAILEC) on 18 February 2020, on the eve of the release of the AI white paper. At the conference, he attended and participated in discussions about the accountability and transparency of AI, the implications of the fact that data (often containing private and/or confidential information) is the raw material of AI processing, and the impact of AI on judicial procedures. More information about the conference can be found here.

Click here to read the full article in Compliance Week.



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