European Commission Releases White Paper on Artificial Intelligence Regulation

On February 19, 2020, the European Commission (EC), released a white paper containing guidelines for regulating artificial intelligence (AI).  The white paper proposes a set of policy options to promote the uptake of AI while addressing risks associated with certain uses of this technology.

The white paper sets out the EC’s proposed approach to AI regulation. The focus is on a risk-based approach, imposing mandatory regulatory requirements for “high-risk” applications and certain other applications where risks are likely to arise. For these applications, the white paper proposes requirements in relation to:

• training data;
• data and record keeping;
• information to be provided;
• robustness and accuracy;
• human oversight; and
• specific requirements for certain particular AI applications, such as those used for purposes of remote biometric identification.

For AI applications that do not qualify as “high-risk,” the white paper proposes a voluntary labelling scheme. Economic operators that are not covered by the mandatory requirements can either opt-in to the mandatory requirements for “high-risk” applications or to a specific set of similar requirements to be awarded a “quality label” for their AI applications.

The white paper also sets out proposals in relation to compliance, enforcement and governance with respect to the new regulatory framework. Finally, the white paper also raises possible adjustments to EU product safety and liability legislation and potentially new legislation specifically on AI.

For more information, please see the EC’s white paper here.

Summary By: Jae Morris