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First law on Artificial Intelligence in history

The European Parliament has approved with broad support, on Wednesday, March 13, 2024, the world's first Artificial Intelligence law, which guarantees the security and respect for the fundamental rights of individuals. Additionally, it promotes the development of Artificial Intelligence in various fields. This new law will come into effect from 2026 in all of Spain, with our country being one of the leading countries in promoting Artificial Intelligence in various fields.

One of the statements during the approval of the new law in the Parliament, highlighting the importance of the same, is that of Italian MEP Brando Benifei: “Finally, we have the first binding law in the world on artificial intelligence, to reduce risks, create opportunities, combat discrimination, and provide transparency. Thanks to the Parliament, unacceptable AI practices will be prohibited in Europe, and workers' and citizens' rights will be protected.”

Also, Thierry Breton, the Commissioner for the Internal Market, wanted to express his opinion, highlighting the importance of the new AI law, positioning Europe as a global reference: "We welcome with satisfaction the overwhelming support of the European Parliament to the EU's law on artificial intelligence, the first global and binding framework in the world for trusted AI. Europe is now a global reference in AI reliability." Additionally, he emphasizes that it has been five years since work began to structure the digital space.

The main objective of the new law is to protect the fundamental rights of all individuals, democracy, and environmental sustainability. This law does not aim to regulate technology, but to ensure its safe use in the European market, so that its use is safe for all citizens in all aspects of life. Another main objective is to establish limits so that artificial intelligence cannot manipulate human behavior or exploit the vulnerability of individuals.

There are several prohibited uses of Artificial Intelligence, including:

  • The use of certain applications that threaten the rights of individuals: such as real-time and distance biometric identification systems based on images extracted from the internet or recordings from surveillance cameras, with the aim of creating facial recognition databases. This will occur in all its cases except when the state security forces comply with a series of requirements, such as limiting to a specific period and place, and also when they have all the necessary authorizations. AI could be used to search for a missing person or to prevent a terrorist attack.
  • Citizen scoring systems: referring to the classification of individuals based on their behavior, personal characteristics, or social and economic status, as already used in countries like China, both in workplaces and schools.
  • Predictive police action: based on a person's profile or evaluation of their characteristics.
  • Cognitive manipulation of individuals or vulnerable groups: such as children or people with disabilities.

There are also fields that limit the use of Artificial Intelligence, including:

  • Infrastructure management and exploitation with significant value.
  • Education and professional training.
  • Employment, worker management, and access to self-employment.
  • Public and private services.
  • Migration, asylum, and border control.
  • Justice, democratic processes, and certain systems of the state's security forces.

All these fields must be supervised by a person and not by a machine, to ensure their correct functioning throughout the processes.

Currently, the new AI law must be definitively approved and is expected to be produced before the end of this legislature. It will also need to be approved by the Council soon.

For the use of AI, it is necessary to comply with a series of transparency requirements to guarantee authors' rights. To do this, detailed summaries of how models are trained and created must be provided. Audiovisual documents such as images or videos must be labeled as such. Citizens will have the right to file complaints about AI systems with specific national authorities.

Guarantee better development and use of innovative technology, without affecting the fundamental rights of individuals.

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