After the publication of the European Commission’s proposal for a Regulation on Artificial Intelligence (AI Act, hereinafter: AIA), in April 2021, several commentators have raised concerns or doubts about that draft. Notably, on the 21st of June the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) released a Joint Opinion on the AIA, suggesting many changes to the European Commission’s proposal.
We consider the AIA one of the most advanced and comprehensive attempts to regulate AI in the world. However, we concur with the EDPB and the EDPS that the AIA, in its current version, presents several shortcomings. We identify three main areas where amendment is needed: (i) the regulation of emotion recognition, (ii) the regulation of biometric classification systems and (iii) the protection against commercial manipulation. Partly building upon the thoughtful and comprehensive joint opinion of the European supervisory authorities, we will try to make a case for greater regulatory focus on the nexus between artificial intelligence and the human mind.Continue reading