Legal Dilemmas in AI: European Parliament Approved The Proposed Artificial Intelligence Act

About Artificial Intelligence

Artificial intelligence is a technology in which, with the support of computer science and datasets, digital devices, especially computers, act like a 'sui generis brain', performing actions such as reading, writing, researching, predicting, etc. and providing concrete data like a mathematical function. [1]

In this way, computers can process information inputs in a way that identifies sequences. The fact that the point reached by the algorithms of artificial intelligence is approaching human characteristics causes some dilemmas in different scopes such as economy, ethics, personal data, human rights, illegality, and privacy.

In addition to the benefits of artificial intelligence in areas such as health, law, energy, production, education, which cause it to be a subject of competition between companies and even states, some of the problems that it confronts legal subjects constitute the basis of these legal dilemmas.

A Match: Law and Artificial Intelligence

Some technologists argue that because of the dangers posed by the unstoppable advance of artificial intelligence, research in this field should be suspended until appropriate safety measures. [2]

On the other hand, some experts in this field have concerns about social and human relations. These facts reveal that artificial intelligence, as in many areas of technology, has enormous benefits for the development of humanity, but must be balanced with universal law. Many legal studies are being carried out around the world to ensure that artificial intelligence continues to function as a balanced mechanism.

Obviously, one of the most important of these legislative efforts is the EU Artificial Intelligence Law, which is the first in its field. The EU Artificial Intelligence Act provides rules on the use, development, legal and ethical standards of artificial intelligence in EU countries, with a modern, layered enforcement mechanism to support innovation. [3]

Artificial Intelligence Act: Main Points

• In April 2021, the European Commission proposed the first EU regulatory framework for AI. [4]
• On December 2023, Parliament reached a provisional agreement on the Act
• The law will enter into force in 2025 after a vote in 2024. In 2026, it is expected to be enforceable.
• Parliament considers the AI Act as part of the digital transformation. Artificial Intellıgence Act concerns companies, providers, importers, distributors and almost everyone affected by this system.
• The Act, regulates artificial intelligence systems with a risk-based perspective.
• These risks are analyzed under categories such as unacceptable risk, high risk and limited risk. However, there are no sanctions for low-risk artificial intelligence systems.
• However, there are flexible rules on issues concerning public security, in particular the activities of law enforcement officers.
• The Act’s priority is to make sure that AI systems used in the EU are safe and innocuous. [5]
• The Act is also closely related to artificial intelligence technologies such as ChatGPT, which are frequently used in daily life.
• Depending on the type of infringement, fines range from 10 million to 40 million or 1.5% to 7% of annual return. [6]
• In the context of unacceptable risks, threats to fundamental human rights are restricted.
• The Act envisages the establishment of a coordinating Artificial Intelligence Office by the European Commission. [7]

References

[1] https://www.ibm.com/topics/artificial-intelligencehttps://www.ibm.com/topics/artificial-intelligence

[2] https://www.bbc.com/turkce/articles/cqqked1xv47o

[3] https://law.stanford.edu/publications/eu-artificial-intelligence-act-the-european-approach-to-ai/ Mauritz Kop, EU Artificial Intelligence Act: The European Approach to AI, Transatlantic Antitrust and IPR Developments (2021).

[4] https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence

[5] https://www.euaiact.com/title/1

[6] https://ec.europa.eu/commission/presscorner/detail/en/ip_23_6473

[7] https://ec.europa.eu/commission/presscorner/detail/en/statement_23_6474