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Faster than the law: new generative AI complicates regulatory legislation in Europe

European Union working on AI law to regulate projects like GPT | Fountain: PTR

In what already promises to be a “revolutionary” year in terms of generative artificial intelligence and its multimodal applications, European Union seems to be in a race against time due to complications caused by the advent of ChatGPT and other events that caused a rethinking of the assembly of the expected “AI Law”, an ambitious project aimed at protecting citizens from the possible risks associated with new technologies.

According to Reuters, a consensus was expected among lawmakers to approve the draft, which implements clear rules regarding use of artificial intelligence in Europe and it has been brewing for two years. The publication notes that some of the debate testified to disagreements between representatives on various aspects of the Law.

The working groups associated with this bill have submitted over 3,000 amendments that aim to cover all cases of AI development, from the office dedicated to AI to the size of this project, which already runs to 108 pages.

For specialists, the knot that prevents a faster resolution of the issue focuses on the balance between encouraging innovation and protecting the rights of citizens. Based on this scale, the level of “perceived risk” is determined, setting the minimum, limited, high and unacceptable levels. Each level sets the level of transparency according to the risk.

According to MEPs, this future law will be subject to constant changes depending on changes in the industry. However, the excitement is caused by the closing of the legislative period in 2024, when the European elections will take place.

AI law in Europe: what you need to know

This project aims to include companies that provide AI-based products or services in Europe. This includes systems that generate content, forecasts or recommendations and may affect certain environments. This set of rules will work in conjunction with other relevant laws such as the General Data Protection Regulation (GDPR).

The law includes private and public use of AI, given the level of its interaction with citizens. In the event that AI is used for surveillance purposes, the developer company will be required to maintain a higher level of transparency. However, the introduction of AI technologies classified as “unacceptable” is prohibited.

The bill also considers a range of penalties in case some companies do not comply with the rules. The amount can go up to 30 million euros or 6% of global profits, whichever is greater.

Where are ChatGPT and the Law of AI?

For new technologies based on artificial intelligence, such as the latest developments within Pretrained Generative Transformers (GPTs) like ChatGPT and others.legislative initiative considers the category “GPAIS” or General Purpose Artificial Intelligence System. Part of the debate revolves around labeling such technologies as “high risk” and what that would mean for companies that want to add it to their products.

For example, the inclusion of generative AI for customer service needs to go through the transparency process set by the EU and work in conjunction with the GDPR and other laws related to technology practices and citizen rights.

The bill is still under discussion until a consensus among parliamentarians is reached and can move to a tripartite dialogue between representatives of the European Parliament, the Council of the European Union and the European Commission. After possible approval, a grace period of up to two years is provided to allow companies to adapt to the regulatory framework.

Source: RPP

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