The Secretary of State for digitization and artificial intelligence of the Spanish government, in charge of promoting and regulating digital services and the digital economy and society, will launch next March a Pioneering decree with the aim of activating for the first time an AI regulation in Europe.
In said decree, the creation of a sandbox or test bench is foreseen on the regulation of artificial intelligence applicable to the different member states. A project in which the Ministry of Economic Affairs and Digital Transformation has been working since June of last year and which also aims to define a code of good practice that serve to implement a European regulation in this regard.
It is, therefore, a pilot proposed by Spain that studies the operability of the requirements of the future regulation, “as well as conformity assessments or post-marketing activities.”
“While the entire ecosystem prepares for its application, this pilot led by Spain is expected to generate good practice guidelines and guides that prepare and sensitize companies, especially SMEs and startups, to facilitate their implementation”, indicates the Ministry of Economic Affairs and Digital Transformation.
This sandbox is intended to document what obligations must be met and how to implement them by the different providers of AI systems. Also the method to carry out a control and follow-up that serves the national supervisory authorities. For its supervision, the government works with different organizations with extensive technical and legal experience.
And on the horizon a clear objective: lay the foundations for a possible Spanish Agency for the Supervision of Artificial Intelligence. This proposed AI Law is one of the first EU legislative proposals proposing to establish a common EU framework for AI regulatory sandboxes in the EU.
A pioneering idea to connect innovators and regulators and in turn provide a controlled environment that facilitates the development, testing and validation of innovative systems. To ensure compliance with the requirements of the AI regulation and its inclusion in the legislation of the European Union and the member states.
Artificial intelligence law in Europe
Last December, the EU already published the Artificial Intelligence Law, a first proposal to regulate the uses of AI to reliably address the benefits and risks of this technology in the union.
Legislation that aims to create a safe space for innovation and with a high level of protection of public interest, safety and rights and fundamental freedoms. And that, however, creates the conditions for a trusted ecosystem that encourages the adoption of AI services.
This proposal followed a risk-based approach, that is, it will be applied to certain obligations and restrictions depending on the level of risk derived from the use of AI.
For its creation, the recommendations of the Ethical Guidelines for Reliable Artificial Intelligence, the EU White Paper on AI and the contributions made by Telefónica, as well as stakeholders in the European public consultations on AI, were followed.
Said regulation identified four levels of risk. The upper level on uses that present an unacceptable risk to the security, livelihoods and rights of people.
A second focused on conformity assessment, which examines the quality of data sets to minimize risks and discriminatory results, documentation, and record keeping. A third party made up of uses of limited risk and with obligations of transparency. And the fourth on uses of minimal risk that are not subject to any obligation, although the adoption of voluntary codes of conduct is recommended,
