What legal regulations apply to AI?
One challenge associated with the use of AI-based systems and applications is that the inappropriate use of AI can give rise to social, political, or technical risks that must be regulated to ensure that AI can be used within a safe framework. For this reason, there is also a need for the legislature to clarify the legal issues that may arise from the use of AI. For example, the use of AI could lead to discrimination against certain social groups, which is undesirable from a societal perspective and is therefore likely to be subject to new legal regulations.
On April 21, 2021, the EU presented a draft regulation establishing harmonized rules for artificial intelligence (“EU AI Regulation”).
The EU AI Regulation is based on a risk-based approach that distinguishes between the following risks:
- Unacceptable risks, e.g., influencing (unconscious) behavior, social scoring, biometric recognition
- High risks, e.g., in the area of critical infrastructure, assessment of school and university students
- Low risks, e.g., chatbots, deep fakes
- Minimal risks, e.g., video games, spam filters
Further information on this can be found, for example, at https://www.digital-recht.at/die-kuenstliche-intelligenz-verordnung-der-eu-uebersicht.
Determining whether the requirements of such a legal standard are met is a “classic” testing task, similar to testing a web application or software application to ensure compliance with legal accessibility regulations.
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Mr. Tilo Linz