A MIRADA DISTINTA TO THE NEW REGULATION OF THE EUROPEAN UNION AI

Article written by PEDRO LEÃO CORNET, Head Legal of LUCODS.

The subject of the regulation.

Restrictions are extensive, mainly point to respect for fundamental human rights, addressing critical areas such as biometric categorization, facial identification and behavior manipulation. The regulations prohibit the use of biometric systems that use sensitive features, indiscriminate collection of facial images and the identification of emotions in working and education environments. In addition, the social score based on the behavior and manipulation of human conduct is prohibited to circumvent free will, as well as the exploitation of people's vulnerabilities.

In the framework of the law, care was established for the use of biometric systems in public spaces, subject to judicial authorization and specific restrictions. This balanced approach aims to ensure effectiveness without compromising individual rights.

For high-risk systems, clear obligations have been established, including impact assessments on fundamental rights and mitigation measures. For example, the use of artificial intelligence in electoral processes is in a high-risk category given to citizens the right to complain and to receive explanations about decisions affecting their rights.

In a gesture of transparency, AI systems must meet transparency requirements, including the preparation of technical documentation and the dissemination of detailed abstracts on the content used for training. For high-impact models with systemic risk, stricter measures are introduced, from evaluations to even energy efficiency reports.

The regulation of what does not exist.

Reports on Europe's position in global startup distribution and the low location of European Union cities on the list of technological hubs raise questions about Europe's ability to compete in such a dynamic global scenario.

The dilemma for allowing the market to operate by itself becomes stronger. Is regulation the only determining factor for success? With the uncertainty of technological development, regulating up to 2027, it can provoke the transfer of operations to less regulated places, such as the USA, China or Israel where innovation flourishes without such strict restrictions.

Finally, regulation is essential, but careful balance is needed not to stifle creativity and adaptability. Europe faces the challenge of seeking to lead in the AI era without limiting its own potential. Will they be too excited about regulations that could limit the ability to adapt and evolve technology? Caution and flexibility can be fundamental in this journey to the future of artificial intelligence.