The landmark AI legislation is the latest example of the EU’s role as a global digital rule-maker. The European Parliament today passed its landmark AI Act – a sweeping piece of legislation targeting the risks posed by the fast-moving technology.
It threatens an outright ban on artificial intelligence (AI) applications which carry unacceptable risks for the safety, livelihoods and rights of EU citizen (this includes for example cognitive behavioural manipulation, social scoring or biometric identification).
It also places significant obligations on the use of AI in ‘high risk’ applications, such as health, critical infrastructure, border control, education, justice and the everyday services relied on by European citizens. The law will apply to businesses operating in the EU and, critically, the tech giants behind the AI products used by Europeans every day.
The big question will be whether the so-called Brussels effect will be felt in AI.
Following the Digital Market and Digital Services Acts in 2022, the AI Act is the last technology-related legislation passed under the 2019-24 European Parliament and Commission as part their mission to create a ‘Europe fit for the Digital Age’. It concludes a mandate characterized by matching increased scrutiny of tech with efforts towards innovative digital policymaking.
The big question will be whether the so-called Brussels effect will be felt in AI, and whether or not the new regulation will have global consequences for the development of this technology.
There is an important precedent of EU regulation having an impact outside EU borders. The 2016 General Data Protection Regulation (GDPR) gradually led to global changes as platforms rolled out compliance globally. There remains debate as to how significant its impact on privacy has been as internet users instead drowned in a wave of opt-in consent popups, but the European regulation’s global impact is unquestionable. Within two years, global technology giants like Meta and Microsoft had updated their services, and privacy standards and awareness are par for the course in most jurisdictions.
Above perhaps all else, the critical role played by EU regulation globally is in raising the profile of its subject. The AI Act will do precisely that. As AI filters into everyday life, its application in surveillance, health, education and law enforcement will be more closely scrutinized as a result of the EU’s decision to flag the risks. Whether for governments looking for solutions, or citizens looking for recourse, the AI Act will shine a clear light on some of the risks associated with AI applications....
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