On 17 December 2020, the Council of Europe’s* Ad hoc Committee on Artificial Intelligence (CAHAI) published a Feasibility Study (the “Study”) on Artificial Intelligence (AI) legal standards. The Study examines the feasibility and potential elements of a legal framework for the development and deployment of AI, based on the Council of Europe’s human rights standards. … Continue Reading
On October 9, 2020, the French Supervisory Authority (“CNIL”) issued guidance on the use of facial recognition technology for identity checks at airports (available here, in French). The CNIL indicates that it has issued this guidance in response to a request from several operators and service providers of airports in France who are planning to … Continue Reading
In this edition of our regular roundup on legislative initiatives related to artificial intelligence (AI), cybersecurity, the Internet of Things (IoT), and connected and autonomous vehicles (CAVs), we focus on key developments in the European Union (EU).… Continue Reading
What guidance has the FTC recently provided on the use of AI and algorithms? Our colleagues, former FTC Commissioner, Terrell McSweeny, and AI Initiative Co-Chair, Lee Tiedrich, explain in The Journal of Robotics, Artificial Intelligence and Law.… Continue Reading
In a new post on the Covington Inside Tech Media Blog, our colleagues discuss the National Institute of Standards and Technology’s draft of the Four Principles of Explainable Artificial Intelligence (NISTIR 8312), which seeks to define the principles that capture the fundamental properties of explainable AI systems. Comments on the draft will be accepted until … Continue Reading
On July 30, 2020, the UK Information Commissioner’s Office (“ICO”) published its final guidance on Artificial Intelligence (the “Guidance”). The Guidance sets out a framework for auditing AI systems for compliance with data protection obligations under the GDPR and the UK Data Protection Act 2018. The Guidance builds on the ICO’s earlier commitment to enable … Continue Reading
On July 17, 2020, the High-Level Expert Group on Artificial Intelligence set up by the European Commission (“AI HLEG”) published The Assessment List for Trustworthy Artificial Intelligence (“Assessment List”). The purpose of the Assessment List is to help companies identify the risks of AI systems they develop, deploy or procure, and implement appropriate measures to … Continue Reading
On June 2, 2020, the French Supervisory Authority (“CNIL”) published a paper on algorithmic discrimination prepared by the French independent administrative authority known as “Défenseur des droits”. The paper is divided into two parts: the first part discusses how algorithms can lead to discriminatory outcomes, and the second part includes recommendations on how to identify … Continue Reading
Trustworthy AI has garnered attention from policymakers and other stakeholders around the globe. How can organizations operationalize trustworthy AI for Covid-19 and other AI applications, as the legal landscape continues to evolve? Lee Tiedrich and Lala R. Qadir share ten steps in this article with Law360. For more information about AI, please see our “AI Toolkit.”… Continue Reading
On February 10, 2020, the UK Government’s Committee on Standards in Public Life* (the “Committee”) published its Report on Artificial Intelligence and Public Standards (the “Report”). The Report examines potential opportunities and hurdles in the deployment of AI in the public sector, including how such deployment may implicate the “Seven Principles of Public Life” applicable … Continue Reading
In this final instalment of our series of blogs on the European Commission’s plans for AI and data, announced on 19 February 2020, we discuss some potential effects on companies in the digital health sector. As discussed in our previous blog posts (here, here and here), the papers published by the European Commission cover broad … Continue Reading
In November 2019, the Council of Europe’s* Committee of Experts on Human Rights of Automated Data Processing and Different Forms of Artificial Intelligence (the “Committee”) finalized its draft recommendations on the human rights impacts of algorithmic systems (the “Draft Recommendations’’). The Draft Recommendations, which are non-binding, set out guidelines on how the Council of Europe … Continue Reading
On 19 February 2020, the new European Commission published two Communications relating to its five-year digital strategy: one on shaping Europe’s digital future, and one on its European strategy for data (the Commission also published a white paper proposing its strategy on AI; see our previous blogs here and here). In both Communications, the Commission … Continue Reading
The European Commission, as part of the launch of its digital strategy for the next five years, published on 19 February 2020 a White Paper On Artificial Intelligence – A European approach to excellence and trust (the “White Paper”). (See our previous blog here for a summary of all four of the main papers published … Continue Reading
On 19 February 2020, the European Commission presented its long-awaited strategies for data and AI. These follow Commission President Ursula von der Leyen’s commitment upon taking office to put forward legislative proposals for a “coordinated European approach to the human and ethical implications of AI” within the new Commission’s first 100 days. Although the papers … Continue Reading
On February 14, 2020, California State Assembly Member Ed Chau introduced the Automated Decision Systems Accountability Act of 2020, which would require any business in California that provides a person with a program or device that uses an “automated decision system” (“ADS”) to establish processes to “continually test for biases during the development and usage … Continue Reading
The Department of Commerce’s National Institute of Standards and Technology (“NIST”) has released Version 1.0 of its Privacy Framework. This voluntary framework aims to provide organizations with strategies to improve their privacy practices, build customer trust, and fulfill compliance obligations. It is designed to be flexible and non-prescriptive, allowing public and private organizations of all … Continue Reading
On January 23, 2020, the European Parliament’s Internal Market and Consumer Protection Committee approved a resolution on artificial intelligence (“AI”) and automated decision-making (“ADM”). The resolution references several major pieces of work carried out by the European Commission on AI and provides a list of existing EU instruments that are relevant to AI and ADM … Continue Reading
On December 12, 2019, the European Parliament endorsed a non-binding resolution on enabling the digital transformation of health and care. The resolution calls on the European Commission to take a number of actions to foster the development of digital health systems in Europe to improve patient care and support research efforts — particularly those using … Continue Reading
The UK’s Information Commissioner’s Office (“ICO”) has issued and is consulting on draft guidance about explaining decisions made by AI. The ICO prepared the guidance with The Alan Turing Institute, which is the UK’s national institute for data science and artificial intelligence. Among other things, the guidance sets out key principles to follow and steps … Continue Reading
On November 21, 2019, the European Commission’s Expert Group on Liability and New Technologies – New Technologies Formation (“NTF”) published its Report on Liability for Artificial Intelligence and other emerging technologies. The Commission tasked the NTF with establishing the extent to which liability frameworks in the EU will continue to operate effectively in relation to … Continue Reading
On 19 September 2019, the European Parliamentary Research Service (“EPRS”)—the European Parliament’s in-house research service—released a briefing paper that summarizes the current status of the EU’s approach to developing a regulatory framework for ethical AI. Although not a policymaking body, the EPRS can provide useful insights into the direction of EU policy on an issue. … Continue Reading
On August 9, 2019, the U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) submitted its plan for federal engagement in the development of artificial intelligence standards. The plan was developed in response to the Executive Order signed by President Trump earlier this year, which required NIST to “issue a plan for Federal … Continue Reading
On July 25, 2019, the UK’s Information Commissioner’s Office (“ICO”) published a blog on the trade-offs between different data protection principles when using Artificial Intelligence (“AI”). The ICO recognizes that AI systems must comply with several data protection principles and requirements, which at times may pull organizations in different directions. The blog identifies notable trade-offs … Continue Reading
