EU AI Suggestions Miss Mark By Overemphasizing Ethics and Neglecting Chance for GDPR Amendments
The European Commission's expert group on Artificial Intelligence (AI) has unveiled a report offering policy and investment recommendations for the development and implementation of AI in the EU context. The report, which aims to promote strategic autonomy and build advanced European foundational AI models, emphasises the need for Europe to develop "trustworthy AI."
The report does not suggest that Europe has a unique ability to produce more ethical AI systems. Instead, it offers solutions such as talent retention and mobility strategies, identification of key sectors for applied AI research, regulatory sandboxes, better transfer of research results, integration of existing research networks, and increased availability of large data sets.
One of the key recommendations is a mandatory obligation for some AI systems developed by the private sector to undergo a trustworthy AI assessment. However, companies should be allowed to develop their own assessments, standards, or codes of practice voluntarily.
Impact assessments, while voluntary, should provide liability protection for participating companies. The report advises policymakers to avoid unnecessarily prescriptive regulation and cumulative regulatory interventions at the sectoral level.
The GDPR and ePrivacy Directive are currently the standard of reference, but their impact on the development and use of AI systems has not been objectively evaluated. Without reforming the GDPR, the EU may find itself constrained by regulatory limitations and struggle to compete globally on AI. The report suggests adjustments to the GDPR to better accommodate AI innovation while ensuring ethics, transparency, and data protection.
The report also acknowledges that there is no significant market for AI systems marketed as ethical-by-design. It is worth noting that there is little empirical evidence that AI systems made outside Europe would be untrustworthy.
Many companies already have their own voluntary assessments and regularly report on their progress. The Group suggests that the Commission should first examine existing EU laws relevant to AI rather than issuing new regulation.
In conclusion, the report offers a balanced approach to the development and implementation of AI in Europe, emphasising the need for trustworthy AI while avoiding overly prescriptive regulation. The recommendations, if implemented, could help Europe build a robust and ethical AI ecosystem, thereby improving its competitiveness in the global AI market.
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