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16th March 2024 (13 Topics)

A Penal code for AI

Context:

The European Parliament passed the Artificial Intelligence Act (AI Act, 2024), marking the enactment of the first comprehensive regulatory regime for artificial intelligence (AI) in the European Union (EU).

Overview of the AI Act, 2024:

  • Passage of Landmark Legislation: The AI Act represents a milestone in AI regulation, setting out harmonized rules governing the development, market placement, and usage of AI systems within the EU.
  • Recognition of AI Levels: The legislation acknowledges and classifies different levels of AI, distinguishing between their utility and potential for harm, thus providing a nuanced framework for regulation.
  • Focus on Internal Market Functioning: The primary objective of the AI Act is to enhance the functioning of the internal market by establishing uniform legal standards for AI systems across the EU member states.

Key Provisions and Regulations:

  • Scope of Application: The AI Act applies to AI providers operating within the EU, irrespective of their location, ensuring that fundamental rights and European laws govern the provision and use of AI services.
  • Prohibition of Harmful AI Practices: The legislation prohibits certain AI practices, such as deploying manipulative or deceptive techniques aimed at distorting decision-making processes and causing significant harm to individuals.
  • Categorization of AI Systems: AI systems are categorized based on their risk levels, with high-risk systems subject to stringent regulations regarding risk management, transparency, and human oversight.

Implementation and Enforcement Mechanisms:

  • Establishment of Oversight Bodies: The AI Act mandates the creation of a European Artificial Intelligence Board and national supervisory authorities to monitor compliance and implementation at both EU and member state levels.
  • Phased Implementation: The legislation will be implemented in phases over a period ranging from six to 36 months, allowing AI developers and providers time to adapt to the regulatory requirements.
  • Enforcement Measures: Enforcement mechanisms include fines proportional to the severity of infringements, ensuring accountability and incentivizing compliance with the regulatory framework.
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