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EU Proposes Groundbreaking AI Regulation

Context:

The European Union (EU) is poised to enact the world’s inaugural comprehensive legislation for the regulation of Artificial Intelligence (AI). The proposed framework is anticipated to face a parliamentary vote in early 2024, with potential enforcement as early as 2025.

Relevance:

GS II: International Relations

Dimensions of the Article:

  1. Components of the EU Framework for AI Regulation
  2. Global Approaches to AI Regulation

Components of the EU Framework for AI Regulation:

Legislative Safeguards:
  • Consumer Empowerment: Individuals enabled to file complaints for perceived AI violations.
  • Limits on Law Enforcement Adoption: Clearly defined boundaries on AI usage by law enforcement.
  • Stringent AI Restrictions: Strong limitations on facial recognition and AI behavior manipulation.
  • Penalties for Violations: Provision for severe penalties for companies breaching AI rules.
  • Restricted Biometric Surveillance: Government-permitted real-time biometric surveillance in public areas only for serious threats like terrorism.
AI Application Categorization:
  • Four Risk Classes: AI applications categorized into four risk levels based on risk and invasiveness.
  • Prohibited Applications: Mass-scale facial recognition and behavioral control AI mostly banned, with law enforcement exemptions.
  • High-Risk Applications: Allowed with certification and transparency, e.g., AI tools for self-driving cars.
  • Medium-Risk Applications: Deployable without restrictions, like generative AI chatbots, with user disclosure, transparency obligations, and detailed documentation.
Other EU Regulatory Milestones:
  • GDPR Implementation: Enforced since May 2018, focusing on privacy and explicit consent for data processing.
  • Sub-Legislations: DSA and DMA:
    • Digital Services Act (DSA): Regulates hate speech, counterfeit goods, etc.
    • Digital Markets Act (DMA): Identifies “dominant gatekeeper” platforms, addressing non-competitive practices and dominance abuse.

Global Approaches to AI Regulation:

European Union (EU):
  • Stringent Categorization: Classifies AI based on invasiveness and risk levels.
United Kingdom (UK):
  • ‘Light-Touch’ Approach: Fosters innovation in AI with a less restrictive regulatory stance.
United States:
  • Balanced Position: Positioned between supporting innovation and implementing some regulatory measures.
China:
  • Sovereign Measures: Introduces its own AI regulations aligning with national policies and priorities.

India’s Strategy on AI Regulation:

Stance Evolution:
  • From Non-Consideration to Formulation: India shifts from not considering AI regulation to actively formulating regulations based on risk and user-harm approach.
Advocacy for Responsible AI:
  • Inclusive National AI Strategy: #AIFORALL (2018) focused on inclusivity in AI adoption.
  • Principles of Responsible AI (2021): NITI Aayog introduces principles emphasizing equality, safety, inclusivity, transparency, accountability, privacy, and positive human value.
  • Comprehensive National Initiative: IndiaAI (March 2023) introduced as a comprehensive program covering all AI-related research and innovations.
  • Statutory Authority Recommendation: Telecom Regulatory Authority of India (July 2023) proposes a domestic statutory authority for AI regulation with a risk-based framework and an advisory body with diverse expertise.
Sector-Specific AI Frameworks in India:
Healthcare Sector:
  • Ethical Guidelines: Indian Council of Medical Research issues guidelines for AI in biomedical research and healthcare (June 2023).
 Capital Market:
  • SEBI Circular (January 2019): Guides policies and establishes an inventory for AI systems in the capital market.
Education Sector:
  • NEP 2020 Recommendation: National Education Policy recommends integrating AI awareness into school courses.

-Source: Indian Express


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