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Forums it-sa Expo Knowledge Forum A

The draft EU AI Regulation in the area of tension with liability and data protection

Presentation in the series: Lawyer meets IT:
Explanation of the principal provisions of the draft EU-AI regulation, resulting liability risks and relationship to data protection

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calendar_today Wed, 13.10.2021, 12:15 - 12:35

event_available On site

place Hall 6, Booth 6-111

Action description

south_east

Speaker

south_east

Product

south_east

Themes

Legislation, standards, regulations Education and training Data protection / GDPR Governance, Riskmanagement and Compliance Industry 4.0 / IoT / Edge Computing

Event

This action is part of the event Forums it-sa Expo

Action description

With the proposal for a regulation laying down harmonized rules on artificial intelligence ("Artificial Intelligence Act"), document COM(2021) 206 final, dated April 21, 2021, the European Commission for the first time released a concrete legal framework for AI systems. The purpose of this legal framework is to ensure that the benefits associated with the use of AI, such as improving predictions, optimizing operations and resource allocation, as well as personalizing service delivery, can be fully exploited, especially for the high-impact sectors which are currently the focus of the public debate, such as climate protection, environment, health, finance, mobility, home affairs, agriculture and the public sector, while at the same time minimizing the associated risks.
Against this background, the draft AI Regulation, designed as a security law, lays down harmonized rules for the placing on the market, the putting into service and the use of high-risk AI systems by providers and users of AI systems within the EU. In this context, providers and users located within the EU are just as much addressees of the AI Regulation as those located in third countries, if and to the extent the output produced by the AI system is used in the EU.
However, there are no clear rules on the liability of the parties involved or on compliance with data protection principles, especially the GDPR and other sector-specific data protection regulations. Nonetheless, both liability risks and data protection requirements must be taken into account in the design, development and use of AI systems so that they can reach market maturity and be used in practice in compliance with the law. The German Data Protection Conference had already issued seven data protection requirements for the development and use of AI systems in its Hambach Declaration of April 3, 2019, which were supplemented and concretized in the position paper of November 6, 2019 by recommendations regarding technical and organizational measures in the development and operation of AI systems.
The presentation explains concept and structure of the draft Artificial Intellegence Act as well as the basic principles of the rules on high-risk AI systems: Quality Risk Management, Training and Test Data Requirements, Event Logging and Monitoring Obligations. It shows which liability risks can arise for manufacturers, providers and users of AI systems, and which approaches can be considered in order to solve the conflict between security law on the one hand and data protection law on the other hand when implementing the requirements of the AI Regulation.

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Language: German

Questions and Answers: No