Autor/es reacciones

Paloma Llaneza

Lawyer, systems auditor, security consultant, expert in the legal and regulatory aspects of the internet and CEO of Razona Legaltech, a technology consultancy firm specialising in digital identity

 

What are the most important changes that could affect business and research? 

"I think the main impact is that they are going to have to limit the use of AI in decision-making systems based on personal data including behavioural or emotion profiling, as well as the incorporation of risk analysis before putting certain models into production based on their criticality. 

What could change for users? 

"Seen from the user's side, the use of their data for profiling through AI systems or algorithms aimed at success models that lack transparency and explainability should be limited. In fact, the political agreement on the AI Act coincides with a ruling by the EU Court of Justice declaring the German credit scoring system used by banks and credit institutions unlawful as a fully automated system in breach of the GDPR". 

The European Union wants to position itself as a leader in guiding the development of AI in the world. Are these ambitions realistic, and how will this law help to fulfil them?   

"Europe has been wanting to position itself as a moral reference for technology for years by putting the human being at the centre through the approval of several rules such as the GDPR, DSA or DMA, but it forgets the problems of regulating and sanctioning companies operating from outside the EU. It is true that the Regulation provides for a system of sanctions but, on a day-to-day basis, users are quite lost when it comes to personal and specific infringements.  

We must ask ourselves whether the best way to protect democracy is to sanction companies that include in their operational risk analysis the possible sanctions and decide which ones compensate them, or to encourage the development of competitive tools in Europe that meet our regulatory standards. As long as this does not happen, we will be a colony of the US, which will end up sweeping away our regulation or integrating it, as I say, as just another cost.  

Otherwise, the risks of foundational AIs, which are enormous in terms of their penetration and power, have not been addressed in this regulation". 

AI is developing very fast, while legislative work is slower. Will this law be able to have a quick and lasting impact?  

"No regulation works anymore without technical implementation and standardisation acts. It is in these details that the devil of any regulation is to be found and where the battle must be fought.  

In any case, the regulation regulates realities that are already obsolete today or could be managed with already approved regulation. It is designed for business or state developments, but it misses out on generative consumer AI, which is, in fact, the great challenge ahead of us".

EN