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1. Introduction

Welcome to this module on the legal and ethical aspects of data and AI development and use. In this module, you will be introduced to the most relevant and important issues currently affecting how the AI industry in the EU – and international organisations working with EU companies – carries out research and development. This module is set out in three parts, corresponding with the three scheduled self-directed study days, guiding you through the learning content, and helping you to check your understanding of the information.

The aims of this module are:

  • Explaining the legislative or law-making process in the EU, and current EU legislation that affects the process of AI development and use.

  • Explaining the EU's approach to AI and the reasons for the approach.

  • Examining the current EU legislation and rules concerning development and use of AI.

  • Examining the potential legislation that will directly impact how AI development and use will be regulated in the EU.

  • Analysing the framework put into place by the European Commission for the industry to use in promoting and encouraging the ethical development and use of AI.

  • Identifying the persons and organisations responsible for ensuring that the rules and requirements are enforced, and who provide guidance and information to the EU AI industry.

At the end of the module, you should be able to:

  • Describe the process of law-making in the EU.

  • Identify the legislation and rules put in place for AI in the EU and understand their function and purpose.

  • Recall the most important of these rules and principles to bear in mind when engaged in an AI system development process.

  • Identify the available methods to self-assess for legal and ethical compliance in developing AI systems.

  • Integrate these self-assessment methods with ongoing AI system development processes, and identify issues to resolve, or seek appropriate expert or official guidance for if necessary.

  • Identify the available resources for information, advice, guidance, and best practices for AI system development and use.

Make sure to upload all the answers to the questions listed below to your GitHub account.

2. When GDPR meets AIA

The foundation of functioning artificial intelligence technology is utilisation of data to feed algorithms, therefore one must consider how the use of data Questions have been asked about how the proposed AI Act will work with the existing rules in the GDPR.

2a Read articles listed below and watch the video in the second article link explaining the interaction between the GDPR and the proposed AI regulation:

  • Read an article about Privacy and the EU's Regulation on AI: What's New and What's Not? Lukianets, N. (2021c, May 5) by clicking this link.

  • Read an article on GDPR and AI: Friends, foes or something in between? Spyridaki, K. (n.d.) by clicking this link

After you have watched the above video, reflect on what the key takeaways are for you, and write them down. Share these takeaways with your classmates.

2b Apply your knowledge: From the experience of your previous assessments and projects and what you have learned in this course so far, describe how you have tried to ensure that the data you require for your AI project is permissible to use.

3. Putting Rules and Principles into Practice in Developing Trustworthy AI

Ahead of the AI Act coming into force and as a means to help AI developers comply with the proposed rules and the goals of trustworthy AI for the EU, an Assessment List for Trustworthy AI (ALTAI) was developed by the High-Level Expert Group on Artificial Intelligence established by the European Commission. This is a resource to help developers and users of AI systems assess whether the systems that are being created, used, or procured comply with the EU's seven requirements of Trustworthy AI, as follows:

  • Human Agency and Oversight

  • Technical Robustness and Safety

  • Privacy and Data Governance

  • Transparency

  • Diversity, Non-discrimination, and Fairness

  • Societal and Environmental Well-being

  • Accountability

3a Read more about the goal and purpose of ALTAI here, and the seven characteristics of Trustworthy AI as prescribed by the European Commission's High-Level Expert Group on Artificial Intelligence.

3b Watch this video about Trustworthy AI and the role of law and regulation.

After you have watched the above video, reflect on what the key takeaways are for you, and write them down. Share these takeaways with your classmates.

4. Existing Fundamental Rights of Data Subjects

Apart from the GDPR requirements that you have learned about above, note that there are existing fundamental rights enshrined in the European Convention on Human Rights and the European Social Charter that have to be complied with too, in developing and using AI systems. These fundamental rights relate to non-discrimination, rights of children, privacy (apart from the GDPR), and freedom of expression and assembly.

4a Read about these fundamental rights here and the questions about these rights that you should ask yourself when you are working on an AI project.

4b Refer to the work of the European AI Alliance here and explore the resources and information provided to see what the latest developments in AI are in the EU.

4c Also navigate to the "Self-Assess Your AI System" tab to access the PDF of the Assessment List as well as the web-based self-assessment tool.

4d Apply your knowledge:

  1. In thinking about the design of your project, identify the legal and ethical issues and consider how you will address them. In doing so, use the ALTAI web-based tool you read about to help you do this.

  2. At which point in the development process of an AI system do you think this this self-assessment should be done, for the most useful result? Should it be done more than once for the same project? Explain your reaction to this after you have completed the self-assessment and read the result and follow-up recommendations.

Literature

Dervishaj, J. (2021, October 13). *Futurium European AI Alliance - All you need to know on Trustworthy AI and the role of law and regulation.* European Commission. Retrieved December 2, 2021, from https://futurium.ec.europa.eu/en/european-ai-alliance/videos/all-you-need-know-trustworthy-ai-and-role-law-and-regulation

Home page - ALTAI. (n.d.). Assessment List for Trustworthy AI. Retrieved December 2, 2021, from https://altai.insight-centre.org/

Lukianets, N. (2021, May 5). A more visual guide to the proposed EU Artificial Intelligence Act. Medium. Retrieved December 2, 2021, from https://lukianets.medium.com/a-more-visual-guide-to-the-proposed-eu-artificial-intelligence-act-64ae0e550ac3

Spyridaki, K. (n.d.). GDPR and AI: Friends, foes or something in between? SAS. Retrieved December 2, 2021, from https://www.sas.com/en_sg/insights/articles/data-management/gdpr-and-ai–friends–foes-or-something-in-between-.html