The European Union Coordinated Plan on Artificial Intelligence Review 2021 aims to accelerate, act and align policy priorities and investments in AI to maximize Europe’s potential to compete globally. According to the European Union,involving industry and involving the general public in the development and adoption of AI technologies, can bring significant benefits Added value to the economy, environment and societies of the EU.”
Spanish officials have also prioritized the use of AI as a way to become more competitive and bring new businesses, opportunities and benefits to Spain. To this end, the Spanish government has published its National AI Strategy in December 2020 to develop a policy framework defining the different actions that government administrations will take to facilitate the development and deployment of AI in the economy and society.
The European Union and the Spanish government are aware of the potential risks that may arise from the use of AI techniques. This is why the European Commission has adopted a Proposal for a regulation establishing harmonized rules on artificial intelligence (still in the legislative process) (the “AI Regulation”), which would regulate important aspects of the use of these technologies for public administrations and private companies.
The AI Regulation provides for the existence of national supervisory authorities to ensure the application and implementation of the law. According to the draft (which is not final but should be approved soon, as it is a priority for the EU), Member States will have the choice of creating a new supervisory authority or assigning these new supervisory powers to existing agencies. Indeed, the current text states that “when [European] Union institutions, agencies and bodies fall within the scope of this Regulation, the European Data Protection Supervisor acts as the competent authority for their supervision.”
However, data protection laws (for example GDPR) and AI Regulation are independent laws that may or may not apply cumulatively. For example, the AI Regulation may apply to AI systems whether or not personal data is involved (for example AI systems intended for use as safety components in the management and operation of road traffic and the supply of water, gas, heating and electricity). Therefore, there is a potential risk that data protection supervisory authorities will be influenced by data protection concepts where AI overlaps and possibly exceeds the scope of data protection laws.
To address this concern, the Spanish government has approved a specific budget line for the creation of an Artificial Intelligence Oversight Agency (Spanish AI Agency), which will be the first of its kind in the European Union. In fact, if the deadlines are met, the Spanish AI Agency will be created in 2022 and fully operational in 2023. On the other hand, the EU AI Regulation will only be applicable 24 months after its entry into force. force, which may not happen in the short term. term.
The Spanish AI Agency will be responsible for the development, supervision and monitoring of projects within the framework of the National AI Strategy, as well as projects promoted by the European Union – in particular those related to the regulatory development of artificial intelligence and its potential uses. Although the specific competences of the Spanish AI Agency have not yet been specified (since the creation of the body must be approved by law), we will follow these developments closely, given the high penalties foreseen. by the regulation on the AI and the control powers which could be granted to this new authority.
Next steps
- As AI will come under increasing scrutiny from regulators, companies should adopt accountability processes when designing and implementing systems with AI; and
- Businesses interested in AI should monitor the content of various EU initiatives that may impose obligations and try to engage and give their views to legislative bodies (for example public consultation periods, lobbying actions, etc..).
