Mexico City, December 13, 2023.
The European Union has prioritized the regulation of Artificial Intelligence (AI) following the remarkable growth of generative AI models such as OpenAI’s ChatGPT or Google’s Gemini. Last December 8, the European Parliament and Council reached a provisional agreement on the «Artificial Intelligence Act», seeking to safeguard security and human rights without slowing down technological innovation.
The law prohibits specific uses of AI, such as the use of biometric categorization systems with sensitive data or the collection of facial images, available on the internet or CCTV cameras to create facial recognition databases, among others. In addition, the Act establishes exceptions for using biometric identification systems by security forces. These systems require judicial authorization and may only be used for the investigation of serious crimes, search for victims, prevention of terrorist attacks, and location of criminals.
Similarly, the law classifies AI systems into risk categories. For example, high-risk systems will be subject to human rights impact assessments. Citizens will be able to file complaints and receive explanations about decisions made by these systems that affect their rights. In addition, general-purpose AI systems must have technical documentation, comply with European intellectual property legislation, and disclose summaries of the content used for training. Another important aspect addressed by the new law is the relationship between AI and copyright. On the other hand, the law provides fines ranging from 35 million euros or between 1.5 to 7% of the company’s total revenue, depending on the infringement and size.
This regulation marks a historic breakthrough in the control of AI, a technology transforming the world. The area of information technology and data protection of our firm is at your service.
SINCERELY:
Adolfo Athié Cervantes
Renata Denisse Buerón Valenzuela
Erika Itzel Rodríguez Kushelevich
Ivan García Argueta
