The adoption of AI and cognitive technologies shows no signs of slowing and governments are surely paying attention. Over the last few months, regulators and lawmakers around the world have made it clear that new laws will soon shape how organisations use artificial intelligence. With new laws and proposals constantly evolving, and with nearly all of them still in their nascent stages, it does seem like this is a grey area that can be a tricky one to navigate and keep up with. Here is an overview of some of the current and proposed national laws on AI to set things in perspective.
- Brazil: The Brazilian lawmakers have successfully passed a bill that draws out legal regulations for Artificial Intelligence, in early October 2021. The bill outlines the framework under which AI can be created and utilised within the country with transparency in the public sector. It also emphasises that there is a requirement for “adoption of regulatory instruments that promote innovation.” However, there are complications surrounding the development of AI in Brazil, as also identified in the bill, including the lack of resources and the tax burdens that could be placed on companies. With an emphasis on transparency in developing AI, the bill states that operating systems should be disclosed through an AI agent, who will oversee the operation of development of the technology.
- EU: In April 2021, the EU Commission proposed new rules and actions aiming to turn Europe into the global hub for trustworthy Artificial Intelligence. The combination of the first-ever legal framework on AI and a new Coordinated Plan with Member States will guarantee the safety and fundamental rights of people and businesses, while strengthening AI uptake, investment and innovation across the EU. Once these proposals are adopted by the European Parliament and the Member States, the Regulations will be directly applicable across the EU. In parallel, the Commission will continue to collaborate with Member States to implement the actions announced in the Coordinated Plan.
- UK: In its national strategy for artificial intelligence, released in September 2021, the UK government pointed out that it has not introduced blanket AI-specific regulation, so far. The country’s lawmakers have preferred to take a sector-led approach in regulating AI. This position might change, though, once the UK’s Office for AI releases its white paper on governing and regulating AI in early 2022.
- US: The United States maintains a ‘light’ regulatory posture when it comes to laws around AI. In late March 2021, the five largest federal financial regulators in the United States released a request for information on how banks use AI, signalling that new guidance is coming for the finance sector. Just a few weeks after that, the U.S. Federal Trade Commission (FTC) released an uncharacteristically bold set of guidelines on “truth, fairness, and equity” in AI — defining unfairness, and therefore the illegal use of AI, broadly as any act that “causes more harm than good.” These developments have made fertile grounds for United States to consider such rules and regulation at the federal level.
- Canada: Recommendations to regulate AI in Canada are based on a “rights- based” approach. Based on a public consultation conducted in early 2020, the Office of the Privacy Commissioner of Canada (OPC) released recommendations for regulating AI in a manner that would both promote innovation as well as ensure its responsible development. Among the key recommendations is the amendment of the Personal Information Protection and Electronic Documents Act (PIPEDA) allows for personal information to be used for new purposes, while entrenching privacy as a human right and a necessary element for the exercise of other fundamental rights.
Source: indiaai.gov.in
