The Legal Affairs Committee has adopted three sets of proposals on specific issues linked to the increased development and use of AI systems. The Commission is expected to put forward a legislative proposal on the matter in early 2021.

The first “legislative initiative”, adopted with 20 votes in favour, none against and four abstentions, urges the EU Commission to present a new legal framework outlining the ethical principles to be used when developing, deploying and using AI, robotics and related technologies in the EU, including software, algorithms and data.

The Committee adopted proposals on several guiding principles that must be taken into account by future laws including: human-centric, human-made and human-controlled AI; safety, transparency and accountability; safeguards against bias and discrimination; right to redress; social and environmental responsibility; and respect for fundamental rights.

The Committee said that AI with machine-learning (self-improving) capacities should be designed to allow for human oversight. If a functionality is used that would entail a serious breach of ethical principles and be potentially dangerous for people, the self-learning capacities should be disabled and revert to operating safely.

The second “legislative initiative”, adopted with 23 votes in favour, none against and one abstention, calls for a future-oriented civil liability framework to be adopted, making those operating high-risk AI strictly liable if there is damage caused. This would encourage innovation by providing businesses with legal certainty, protect citizens better and enhance their trust in AI technologies by deterring risky activities. Strict liability should also apply to AI systems that have repeatedly caused damage. The Committee focused on civil liability claims against operators of AI systems. The liability should cover protection of life, health, physical integrity, property as well as significant immaterial harm if it results in “verifiable substantial economic loss”.

Finally, a report, adopted with 19 votes in favour, three votes against and two abstentions, states that the key issue of protecting intellectual property rights in the context of AI has so far not been addressed by the EU Commission and calls for an impact assessment.

The report stresses that EU global leadership in AI requires an effective intellectual property system and safeguards for the EU’s patent system to protect developers. The Committee specifies that AI should not have legal personality, thus “inventorship” should be only granted to humans. The text further addresses copyright, the protection of trade secrets and the distinction between IPR for the development of AI technologies and IPR potentially granted on creations generated by AI.

The vote in plenary is scheduled for the 19-22 October 2020 plenary session. To read the Committee’s press release in full, click here.