EU AI Act Agreed

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Late on Friday (December 8th), the European Union Commission, Parliament and Council concluded its “trilogue” negotiations for the EU Artificial Intelligence Act. The summary below is based on the information available to date. It will be some time before the definitive text is finalized and released since it will have to go through various committee stages and its legal language finalized in multiple languages.

Prohibited AI Applications

The following applications of AI will be prohibited:

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Bletchley Park AI Safety Summit 2023

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On 1 and 2 November 2023, world leaders, politicians, computer scientists and tech executives attended the global AI Safety Summit at Bletchley Park in the UK. Key political attendees included US Vice President Kamala Harris, European Commission President Ursula von der Leyen, UN Secretary-General António Guterres, and UK Prime Minister Rishi Sunak. Industry leaders also attended, including Elon Musk, Google DeepMind CEO Demis Hassabis, OpenAI CEO Sam Altman, Amazon Web Services CEO Adam Selipsky, and Microsoft president Brad Smith.

Day 1: The Bletchley Declaration

On the first day of the summit, 28 countries and the EU signed the Bletchley Declaration (“Declaration”). The Declaration establishes an internationally shared understanding of the risks and opportunities of AI and the need for sustainable technological development to protect human rights and to foster public trust and confidence in AI systems. In addition to the EU, signatories include the UK, the US and, significantly, China. Nevertheless, there are notable absences, most obviously, Russia.

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The UK’s New AI Proposals

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On 29 March 2023, the UK Government published its latest proposals on regulating Artificial Intelligence (“AI”). The White Paper follows on from an initial policy paper published in July 2022 (the “2022 Policy Paper”), which we discussed in detail in our previous blog post. The proposals set out in the White Paper have been informed by the feedback received as part of the UK Government’s consultation on the 2022 Policy Paper.

A central theme is that the regulatory framework in the UK must not stifle innovation, but rather harness AI’s ability to drive growth and prosperity, and increase public trust in its use and application.

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Artificial Intelligence Briefing: NIST Releases AI Risk Management Framework and Playbook

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Our latest briefing dives into the public launch of the NIST’s long-awaited AI Risk Management Framework, the EEOC’s new plan to tackle AI-based discrimination in recruitment and hiring, and the New York Department of Financial Services’ endeavor to better understand the potential benefits and risks of AI and machine learning in the life insurance industry.

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Update: AI Regulation in the U.K. — New Government Approach

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In October 2022, the U.K. Medicines and Health products Regulatory Agency (MHRA) published its Guidance, Software and AI as a Medical Device Change Programme – Roadmap, setting out how it will regulate software and AI medical devices in the U.K. by balancing patient protection and providing certainty to industry.

Background to the Reforms

The MHRA initially announced the Software as a Medical Device (SaMD) and Artificial Intelligence as a Medical Device (AIaMD) Change Programme in September 2021, designed to ensure that regulatory requirements for software and AI are clear and patients are kept safe. This builds on the broader reform of the medical device regulatory framework detailed in the Government response to consultation on the future regulation of medical devices in the United Kingdom, which recently saw its timetable for implementation extended by 12 months to July 2024.

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Artificial Intelligence Briefing: FTC Holds Forum on Commercial Surveillance and Data Security

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Our latest briefing explores the recent FTC commercial surveillance and data security forum (including discussion on widespread use of AI and algorithms in advertising), California’s inquiry into potentially discriminatory health care algorithms, and the recent California Department of Insurance workshop that could shape future rulemaking regarding the industry’s use of artificial intelligence, machine learning and algorithms.

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