On 14 June 2023, the European Parliament took a significant step forward in shaping the regulation of artificial intelligence (AI) with the adoption of its negotiating position on the AI Act.

As we outlined in May, this landmark legislation would be the first regulation of AI introduced in the world. It aims to strike a balance between harnessing the potential benefits of AI and safeguarding fundamental rights and democracy.

MEPs adopted Parliament’s negotiating position on the AI Act, which it will use to debate the final form of the law with the EU Council and the European Commission, in what is known as the “trilogue” process. Negotiations begin this week, with the aim to reach an agreement by the end of 2023.

Once finalised, the AI Act will introduce a comprehensive set of rules that address various AI applications and associated risks. Prohibited practices include biometric surveillance, emotion recognition, and predictive policing. Social scoring, real-time and post remote biometric identification systems, and biometric categorisation based on sensitive characteristics are also banned.

The legislation emphasises transparency and accountability, particularly for generative AI systems like ChatGPT. Such systems must disclose that their content is AI-generated and implement safeguards against generating illegal content. Detailed summaries of the copyright data used for training AI models will also be made publicly available.

High-risk AI applications, including those used to influence elections and recommended systems on social media platforms, will face stringent regulations. The aim is to ensure that AI developed and used in Europe adheres to principles of human oversight, safety, privacy, non-discrimination, and social and environmental well-being.

To foster innovation, the AI Act includes exemptions for research activities and AI components provided under open-source licences. It also supports the establishment of regulatory sandboxes, enabling the testing of AI before its deployment.

The legislation strengthens citizens' rights by enabling them to file complaints about AI systems and obtain explanations for decisions made by high-risk AI applications that significantly impact their fundamental rights.

Stay tuned for further Harneys updates on this important area that will shape the future of AI in Europe and beyond.

European Parliament’s press releases can be found here and here.

The press conference can be viewed here.

The AI Act text adopted can be accessed here.