European Law and AI Applications
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According to the Appen State of AI Report for 2021, what must businesses do or risk falling behind?

Businesses must adopt AI in their models

What does the AI Act seek to do for high-risk AI systems?

  • Prohibit them entirely
  • Establish strict standards and obligations (correct)
  • Encourage voluntary compliance with codes of conduct
  • None of the above

    • The GDPR primarily focuses on regulating the use of non-personal data.

    False

    What is the main goal of the AI Act, according to the EU Commission?

    <p>The main goal of the AI Act is to achieve a balance between protecting fundamental rights and promoting innovation in the AI market.</p> Signup and view all the answers

    According to the EU Commission, what type of regulatory approach is used in the AI Act?

    <p>A combination of risk- and rights-based</p> Signup and view all the answers

    What key principle is identified by the HLEG as the cornerstone of the EU's approach to regulating AI?

    <p>The key principle identified by the HLEG is human dignity.</p> Signup and view all the answers

    Which of the following is NOT one of the key principles identified by the HLEG for regulating AI?

    <p>Accountability</p> Signup and view all the answers

    The revised PLD (Product Liability Directive) includes a definition of product that encompasses both tangible and intangible goods.

    <p>True</p> Signup and view all the answers

    What does the AI Act aim to do with AI systems that pose an unacceptable level of risk?

    <p>Prohibit them from being placed on the market</p> Signup and view all the answers

    The GDPR states that the use of AI systems for approved therapeutic purposes is always prohibited.

    <p>False</p> Signup and view all the answers

    According to the CJEU, a decision made solely on automated processing of personal data that produces legal effects on the data subject triggers the right to human explanation under Article 22(1) of the GDPR.

    <p>True</p> Signup and view all the answers

    What are the three main clusters of the obligations laid out in the DMA?

    <p>The three main clusters of the obligations laid out in the DMA are: compliance with the GDPR, playing nice with business &amp; end users, and interoperability.</p> Signup and view all the answers

    The DSA applies to all online platform providers, regardless of whether they assume a passive or active role in managing content.

    <p>False</p> Signup and view all the answers

    What is the primary goal of the DSA in regulating online platforms?

    <p>The primary goal of the DSA is to harmonize liability rules for online platforms, ensuring that they are held accountable for illegal content but also promoting a safe and trustworthy online environment.</p> Signup and view all the answers

    What is the main focus of the DGA (Data Governance Act)?

    <p>The DGA focuses on reducing the use of data by public authorities by promoting the reuse of data for altruistic purposes, while safeguarding privacy and confidentiality.</p> Signup and view all the answers

    The DGA applies to both personal and non-personal data.

    <p>True</p> Signup and view all the answers

    What are the two key principles underlying the EU approach to regulating AI?

    <p>The two key principles underlying the EU approach to regulating AI are trust and excellence.</p> Signup and view all the answers

    What is the primary purpose of the 'risk-detection' algorithm used by the Dutch tax administration in the Toeslagenaffaire?

    <p>To assess the risk of tax fraud</p> Signup and view all the answers

    The AI Act specifically classifies AI systems used by tax authorities for administrative purposes as high-risk systems.

    <p>False</p> Signup and view all the answers

    What are the three main types of harm that the AI Act focuses on protecting individuals from?

    <p>The three main types of harm the AI Act focuses on are harm to health and safety, harm to fundamental rights, and harm to the environment.</p> Signup and view all the answers

    The AI Act includes a provision requiring the AI system to be audited once a year.

    <p>True</p> Signup and view all the answers

    What is the main argument in the case of Force v. Facebook, inc. regarding the role of Facebook?

    <p>The main argument in the <em>Force v. Facebook, inc.</em> case is that Facebook, as a platform provider, functions as a speaker rather than a publisher, meaning they are not responsible for the content shared by their users.</p> Signup and view all the answers

    The AI Act mandates that companies use AI systems to assess the trustworthiness of individuals over a certain period of time.

    <p>False</p> Signup and view all the answers

    What is the key legal issue in the case of Glukhin v. Russia?

    <p>The right to privacy</p> Signup and view all the answers

    The AI Act requires that AI systems used to generate deepfakes must always be made public.

    <p>False</p> Signup and view all the answers

    The AI Act requires deployers to conduct a fundamental rights impact assessment before putting a high-risk AI system into use.

    <p>True</p> Signup and view all the answers

    What key elements are included in the CAHAI (Council of Europe's Ad Hoc Committee on Artificial Intelligence) recommendations for a legal framework on AI?

    <p>The CAHAI recommends including risk identification, impact assessment, governance assessment, and mitigation and evaluation as key elements in a legal framework on AI.</p> Signup and view all the answers

    The AI Act requires that all AI systems, regardless of their risk level, must be subject to a mandatory certification requirement.

    <p>False</p> Signup and view all the answers

    The AI Act explicitly prohibits the use of AI systems for the prediction of criminal offenses.

    <p>False</p> Signup and view all the answers

    According to the EU Commission, what are the two main goals of the AI Act?

    <p>Promoting AI innovation and preventing harm</p> Signup and view all the answers

    What are the two main types of liability regimes proposed in the AI Liability Directive (AILD)?

    <p>The two main types of liability regimes proposed in the AI Liability Directive are strict liability for high-risk AI systems and fault-based liability for other AI systems.</p> Signup and view all the answers

    The AILD (AI Liability Directive) does not affect any existing rules on criminal liability in the EU.

    <p>True</p> Signup and view all the answers

    The AILD requires that the provider of a high-risk AI system must always disclose all the data used in training and validating the system.

    <p>False</p> Signup and view all the answers

    What is the primary focus of the Loomis v. Wisconsin case?

    <p>The use of AI systems in sentencing decisions</p> Signup and view all the answers

    The State of New Jersey v. Corey Pickett case demonstrates the potential for AI systems to be mistakenly identified as the sole cause of harm in law enforcement scenarios.

    <p>True</p> Signup and view all the answers

    What are the two main approaches that are used to address AI-related harm in terms of liability?

    <p>The two main approaches to addressing AI-related harm in terms of liability are strict liability and fault-based liability.</p> Signup and view all the answers

    The AI Act and the PLD (Product Liability Directive) completely overlap in terms of their scope and application.

    <p>False</p> Signup and view all the answers

    What is the main argument made by thaler in the UKIPO (United Kingdom Intellectual Property Office) case to support the claim that an AI system can be considered an inventor?

    <p>Thaler argued that if an AI system had created the invention, it should be considered an inventor because the purpose of patent law is to incentivize innovation.</p> Signup and view all the answers

    The UKIPO has ruled that an AI system can be considered an inventor.

    <p>False</p> Signup and view all the answers

    The AI Act explicitly addresses the issue of taxation.

    <p>False</p> Signup and view all the answers

    The distinction between the AI Act and the GDPR is based on the scope of data, with the GDPR covering both personal and non-personal data, while the AI Act primarily concerns personal data.

    <p>False</p> Signup and view all the answers

    What is one of the key arguments made by supporters of the view that AI systems could be subject to strict liability under the AI Act?

    <p>One of the key arguments is that AI systems are often considered as 'products' and that the product liability directive already applies to the use of products, making the application of strict liability more feasible.</p> Signup and view all the answers

    Which of the following is NOT a specific obligation that the DMA (Digital Markets Act) imposes on gatekeeper platforms?

    <p>Prioritizing the provider’s own services over those of third parties, where they are competing in the same markets</p> Signup and view all the answers

    The DMA explicitly requires the use of a specific consent mechanism for the processing of personal data.

    <p>False</p> Signup and view all the answers

    According to the CJEU (Court of Justice of the European Union), what is Facebook’s role in transmitting personal data to third parties through the use of ‘like’ buttons?

    <p>The CJEU ruled that Facebook, along with the website operator, is a joint controller in the process of collecting and transmitting personal data to third-party services through ‘like’ buttons.</p> Signup and view all the answers

    The AI Act mandates that all AI systems, regardless of their risk level, must be subject to a human oversight requirement.

    <p>False</p> Signup and view all the answers

    The AI Act establishes the 'one-stop shop' principle, where online platforms need to have a designated point of contact for users, the EU Commission, and Member States.

    <p>False</p> Signup and view all the answers

    The AI Act requires deployers of high-risk AI systems to conduct a data protection impact assessment (DPIA) as per the GDPR before putting the system into use.

    <p>False</p> Signup and view all the answers

    What is the key difference between a 'mere conduit' service and a 'hosting' service under the DSA (Digital Services Act)?

    <p>A 'mere conduit' service is limited to transmitting data, while a 'hosting' service involves storing data.</p> Signup and view all the answers

    The DSA states that providers of 'hosting' services are not considered online platforms.

    <p>False</p> Signup and view all the answers

    Study Notes

    European Law, (Big) Data, and Artificial Intelligence Applications

    • Lecture format: No research paper, oral exam.
    • Materials: Online lecture structure, mandatory readings, presentations (PWP).
    • Introduction: Discussing the advantages and disadvantages of AI's use.

    Advantages of AI

    • Business advantage: All businesses need AI in their models, or they risk being left behind.
    • Streamlines internal and customer-facing processes.
    • Faster, more precise results.
    • Eliminates human error and risk.
    • 24/7 availability (e.g., quick replies on bank apps).
    • Automates repetitive jobs.
    • Cost reduction.
    • Data processing/analysis: Handles complex data far exceeding human capacity.
    • Types of AI: Assisted, augmented, and autonomous intelligence. Assisted AI automates simple tasks & improves decision-making. Augmented AI enhances human intelligence. Autonomous AI acts independently.

    Disadvantages of AI

    • Costly implementation: Development costs can be high.
    • Lack of emotional intelligence and creativity: AI doesn't learn from mistakes in the same way as humans.
    • Degradation over time: AI systems generally degrade over time.
    • Risk of job displacement for humans.
    • Ethical concerns.
    • Discrimination: AI systems can perpetuate or amplify existing societal biases, especially in areas like recruitment. (Example given: Amazon's discriminatory hiring tools).
    • Misinformation and deepfakes: AI can be used to generate realistic but false content.
    • Lack of transparency: Understanding how AI systems arrive at conclusions can be difficult.
    • Safety concerns: AI systems can have unintended consequences or be used for malicious purposes (e.g., misuse in warfare).

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