Written By Digital Content Editor Thomas Ahearn

On June 14, 2023, Members of the European Parliament (MEPs) adopted a negotiating position on the Artificial Intelligence (AI) Act ahead of talks with European Union (EU) member states on the final shape of the law to “ensure that AI developed and used in Europe is fully in line with EU rights and values,” a press release stated.

The rules establish obligations for providers and those deploying Artificial Intelligence (AI) systems depending on the level of risk the AI can generate. AI systems with an unacceptable level of risk to people’s safety would be prohibited. The MEPs expanded the list to include bans on intrusive and discriminatory uses of AI such as:

  • “Real-time” remote biometric identification systems in publicly accessible spaces;
  • “Post” remote biometric identification systems, with the only exception of law enforcement for the prosecution of serious crimes and only after judicial authorization;
  • Biometric categorization systems using sensitive characteristics (e.g. gender, race, ethnicity, citizenship status, religion, political orientation);
  • Predictive policing systems (based on profiling, location, or past criminal behavior);
  • Emotion recognition systems in law enforcement, border management, the workplace, and educational institutions; and
  • Untargeted scraping of facial images from the internet or CCTV footage to create facial recognition databases (violating human rights and right to privacy).

Providers of foundation models – a new and fast-evolving development in the field of AI – would have to assess and mitigate possible risks (to health, safety, fundamental rights, the environment, democracy, and rule of law) and register their models in the EU database before their release on the EU market.

Generative AI systems based on such models – like ChatGPT – would have to comply with transparency requirements (disclosing that the content was AI-generated, also helping distinguish so-called deep-fake images from real ones) and ensure safeguards against generating illegal content. 

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