EU considers legislating for Artificial Intelligence

Speaking at the CPDP conference in Brussels yesterday, Karolina Mojzesowicz, Deputy Head, Data Protection Unit, the European Commission, said that the EU Commission is now considering whether additional legislation is needed for AI. The EU Commission wants to consider all fundamental rights together. GDRP only addresses personal data - freedom of expression and non-discrimination are other aspects to take into account, she said.

A high level expert group has met twice this month to discuss the issues. Any AI regulation must be flexible enough to provide for innovation and protect data protection rights at the same time, Mojzesowicz said.

“We are assessing whether national and EU frameworks are fit for purpose for the new challenges. By mid-2019 we will publish a report on the gaps identified in AI. The
expert group has worked on the draft guidelines which are now under consultation.”

Member States consider that the guidelines should be more useable and practical. Perhaps a different instrument should be considered for public and private sector uses of AI. Another challenge is how big a margin of error is acceptable in automated decisions and machine learning.

The draft Ethics Guidelines are open for comment until 1 February.

The CPDP conference continues today and Friday.