A critical analysis of the Proposal for a Regulation on Artificial Intelligence and its coexistence and compatibility with the Proposal for a European Regulation on the protection of personal data.
SCIENTIFIC PREMISES: In the fourth Industrial Revolution, Artificial Intelligence is an important and fundamental technology, and occupies a not inconsiderable place in the future development of humanity, its recognition is based on the need to facilitate scientific progress, achieve technological leadership, ensure that new technologies are at the service of all citizens, but at the same time these respect the established fundamental rights and improve the quality of life of these, by improving it and also contributes to business development and services of public interest. The impact of Artificial Intelligence systems must always be seen in two perspectives, one individual perspective and another as a society as a whole, they are inextricably linked.
Its regulation from the legislative point of view is fundamental to provide a safe, reliable development of Artificial Intelligence, which respects the values and fundamental rights of citizens, with an ethical use of them and whose fundamental pillars are excellence and trust, not only of artificial intelligence providers but also of their users. In both cases they must always be seen not from the perspective of each of the member states of the union, but as a union itself, being also a driving force to achieve the sustainable development goals foreseen in the 2030 agenda and the objectives foreseen in the Green Pact.
It is visible the need to regulate, from the legislative point of view, artificial intelligence, because it is inextricably linked to data. There is no artificial intelligence without data. What makes it necessary to coexist and make compatible with the established regulations on data protection with the established regulations on artificial intelligence, both must go hand in hand and indissolubly linked. The data is necessary not only for the AI to reach its maximum performance, but also so that it can avoid biases or errors when performing a treatment.
Is it possible to combine the development of AI with an adequate processing of personal data? In our opinion if, the treatment of personal data entails privacy, and this is transcendent to AI systems, in the first order because they are developed learning from the information provided and also because it can make automated decisions, this implies that to AI systems this regulation will be applied when these systems are developed with information containing personal data, and decision-making about individuals, then the dichotomy arises between algorithmic biases (according to some authors there are three types of these, the statistical, the cultural, and the cognitive) and the principle of legality
In this sense, regulations on artificial intelligence have been established in the approved regulation, that in our opinion lacks essential aspects for its implementation and happy existence, which were even reflected in the White Paper on Artificial Intelligence, which contains a European approach aimed at excellence and confidence in it but which also provides a common approach in this regard.
