The legal and ethical risks that the use of ChatGPT poses, as well as the need to regulate the deployment of similar generative chatbots, is currently being debated across the world. The European Parliament is considering placing the use of generative AI models, such as ChatGPT, in a “high risk” category in its upcoming compromise text on the AI Act (Parliament Approach), thereby intending to subject such tools to burdensome conformity assessment requirements.

A fierce debate rages in Brussels over which AI systems should be considered as “High Risk”, while the systems in Annex II of the EU AI Act have attracted less attention. Here is a guide (with infographics) on the classification of ALL “High Risk” systems in the AI Act, as well as the corresponding conformity assessment procedures.

The purpose of the Convention is to ensure that during their lifecycle, AI systems fully comply with human rights, respect the functioning of democracy and observe the rule of law, regardless of whether these activities are undertaken by public or private actors. The design, development and application of AI systems used for purposes related to national defence are expressly excluded from the scope of this Convention. The negotiators seem to agree that such a Convention must be seen first and foremost as a broad framework which might be supplemented by further obligations in more specific fields.

On December 8th, 2022, the European Union Agency for Fundamental Rights (FRA) published a report on algorithm biases, in particular when used for predictive policing and offensive speech detection.

On December 15th, 2022, the European Union adopted an interinstitutional declaration on digital rights and principles that will guide the EU’s ambition to be “digitally sovereign in an open and interconnected world, and to pursue digital policies that empower people and businesses to seize a human centred, sustainable and more prosperous digital future”.

On December 6th, 2022, EU Member States voted on a “general approach” to the upcoming Artificial Intelligence Act (AI Act). On the same day, 192 civil society organisations and individuals published an open letter calling on the EU to modify a number of aspects of the AI Act to protect migrants from the risks that AI systems may pose to their fundamental rights.

On October 13th, 2022, the European Data Protection Supervisor (EDPS) published an Opinion entitled “Recommendation for a Council Decision authorising the opening of negotiations on behalf of the European Union for a Council of Europe convention on artificial intelligence, human rights, democracy and the rule of law”. This independent supervisory authority welcomes the initiative taken by the European Commission to authorise negotiations on behalf of the EU regarding the future Council of Europe’s (CoE) Convention on Artificial Intelligence (AI).

An algorithmic tool designed to “predict migration flows” and “detect risks of tensions related to migration” is being developed by the EU as part of its security program. Against this background, a group of civil society organisations and individuals published a joint letter highlighting the risks posed by this technology in terms of criminalising migration and undermining human rights. 

European Digital Rights (EDRi), an association of civil and human rights organisations, published, on September 7th, 2022, its position paper on the European Union’s proposed “Regulation on automated data exchange for police cooperation”, known as Prüm II.  The report underlines several issues concerning the draft regulation, the purpose of which is to modify the data sharing process between EU member states, by including, among other things, ‘automated searching of facial images’.

For several years now, the European Commission has been working on a number of projects concerned with regulating Artificial Intelligence, digital services, and digital markets.  It has now issued a proposal for tighter rules on liability with regard to the technology industry. Amid these developments, a coalition of start-ups, small and medium enterprises, and technology companies sent a letter, dated August 24, 2022, to the European Commission expressing their concerns about the forthcoming European legislation, which seeks to modify the liability rules concerning artificial intelligence.

On August 26, 2022, the European Commission published a set of rules that it says automated driving systems (ADS) must meet in order to be approved. The regulation focuses on the need to assure that performance requirements are met, and the safety of automated driving systems demonstrated, before they can be approved. For this purpose, the Commission considers it necessary to introduce measures aimed at making automated driving systems more safe, and strict parameters regarding their manufacture.

On March 7th, 2022, the Center for a New American Security held a workshop on Transatlantic Artificial Intelligence, which gathered together senior researchers, PhD candidates, NGO members, Institutional representatives and AI professionals from both sides of the Atlantic to discuss the future of Euro-American relationships as regards AI-related matters.