The EU Draft AI Act: Houston, we have a problem

The European Draft Regulation on Artificial Intelligence was presented in April 2021 with ambitious aims: to be a far-reaching regulation aimed to guarantee the highest level of protection for ‘Union values, fundamental rights and principles’, and at the same time promote innovation.

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However, several possible drawbacks are likely to jeopardize these ambitious purposes: the risk-based approach, grounded on different levels of risks, is imprecise; the conformity assessment has loopholes and might not be as protective as originally envisaged; some requirements are difficult to meet; the contextualization of this regulation within the European legal framework gives rise to overlaps and potential conflicts; the rights of the ones affected by this technology are not properly safeguarded; the European innovation boost might suffer a major setback. Instead of a solution for artificial intelligence, the European Union might have created a new problem.

Vera Lúcia Raposo is currently Assistant Professor of Law and Technology at Nova School of Law, in Portugal, and a part-time contributor to the Centre for Medical Ethics and Law, University of Hong Kong (China). In the past, she lectured at the University of Macau (China), the University of Coimbra (Portugal), and the University Agostinho Neto (Angola). She was also of counsel at the law firm Vieira de Almeida e Associados, in Lisbon, in the departments of health law and privacy law.

She is a frequent speaker at academic events worldwide and a member of the Editorial Board of the European Journal of Health Law. She is the author of several studies in Portuguese, English, and Spanish (some translated into Chinese), particularly on biomedical law (medical liability, patient safety, gene editing, reproductive issues) and new digital technologies (AI, digital governance, data protection).

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Published Oct. 19, 2022 9:46 AM - Last modified Nov. 4, 2022 9:50 AM