On 19 February 2020, the European Commission released its package on artificial intelligence and data, which includes a white paper on artificial intelligence.
The purpose of this White Paper is to set out policy and legal options on how to promote the uptake of AI and to address the risks associated with certain uses of this new technology.
The European Commission envisages a framework for trustworthy Artificial Intelligence under two different mechanisms:
1. Policy actions
The European Commission identifies serious policy actions to support the development and uptake of AI across the EU economy:
2. Legal actions
The European Commission suggests a number of risk-based Regulatory measures with healthcare being identified as a high risk application and subject to the highest standards. These standards would apply to all economic actors operating in the EU and could include:
Changes to broader legislation such as the Products Liability Directive as well as Adjustments concerning the safety and liability implications of Artificial intelligence, the internet of Things and robotics are also considered.
The Commission is tackling such a major issue such as liability for AI head-on shows how seriously the Commission is about regulating this sector. That liability has such a heavy focus of this paper as does the emphasis on healthcare as “high risk” shows a very cautious approach. The Commission aims to follow-up on this White Paper by Q4 2020 with both legislative and non-legislative initiatives foreseen by the Commission and the European Parliament.
The White Paper is open for public consultation until 31 May 2020. This is an opportunity to provide feedback on the policy and legal actions the Commission has identified.
The VPHi is preparing a response together with its industry partner under the umbrella of the Avicenna Alliance. Individual members are called upon to send their own input too.