Outlook on the Future Regulatory Requirements for AI in Europe

Abstract

This report was drafted as part of the research project ‘fAIr by design – solutions for discrimination reduction in AI development’. The aim of the project is to develop models and strategies to mitigate discrimination risks in the development phase of AI systems. The large-scale use of AI systems in everyday situations carries with it the risk that certain individuals or groups will suffer harm or may be disadvantaged by an algorithmic decision. If such risks are to be addressed and ultimately avoided as early as during the product development phase, it is essential to clarify how they are to be classified in legal terms. Therefore, the report first assesses the concepts of fairness, bias and discrimination and illustrates the differences between these terms. In a next step, the existing legal framework is examined with regard to regulations that are already relevant for AI. Building on this analysis, special consideration is given to the Proposal of the European Commission on Artificial Intelligence (AI Act Proposal), which is set to play a fundamental role for the future regulation of AI. The second part of the report comprises a summary of expert interviews with representatives from law, ethics and AI research, as well as standardisation organisations.

Keywords: Artificial Intelligence, Artificial Intelligence Act, Fairness, Non-Discrimination, Bias, High-Risk AI Systems

JEL Classification: K00