On May 11, 2023, the Internal Market Committee and the Civil Liberties Committee adopted a draft negotiating mandate of the European Union adopted a draft negotiating mandate for the first EU AI Act ("for" - 84 votes, "against" - 7, and "abstentions" - 12). The EU Council approved the first compromise AI bill on November 25, 2022.
The draft negotiating mandate contains rules based on the approach that involves assessing risks when using AI. The rules follow a risk-based approach and establish obligations for providers and users depending on the level of risk the AI can generate.
AI systems with an unacceptable level of risk to people’s safety will be strictly prohibited, including systems that use manipulative techniques, exploit human vulnerabilities, or are used for social scoring (classifying people based on their social behavior, socio-economic status, personal characteristics).
There are prohibitions on discriminatory use of AI systems, including:
- “Real-time” remote biometric identification systems in publicly accessible spaces;
- “Post” remote biometric identification systems, with the only exception of law enforcement for the prosecution of serious crimes and only after judicial authorization;
- Biometric categorisation systems using sensitive characteristics (e.g. gender, race, ethnicity, citizenship status, religion, political orientation);
- Predictive policing systems (based on profiling, location or past criminal behaviour);
- Emotion recognition systems in law enforcement, border management, workplace, and educational institutions; and
- Indiscriminate scraping of biometric data from social media or CCTV footage to create facial recognition databases (violating human rights and right to privacy).
Additional transparency requirements have been established for generative basic models, such as GPT:
- Disclosure of information that content was created using AI;
- Design of a model that prevents the creation of illegal content; and
- Publication of summaries of copyrighted data used for training.
Nadmitov, Ivanov & Partners Law Firm advises on the regulation of AI, as well as on personal data protection, information security, and electronic services.
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