Sandboxes for Responsible Artificial Intelligence. EIPA Briefing September 2021.

Pop, Florina and Adomavicius, Lukas (2021) Sandboxes for Responsible Artificial Intelligence. EIPA Briefing September 2021. UNSPECIFIED.

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Abstract

Keeping up with the pace of technological developments and innovation is a challenge for lawmakers in Europe. As a result, new approaches are being explored in order to address the perception that law-making lags behind technological innovation, or even obstructs its development.1 One of the most disruptive and promising technologies is artificial intelligence (AI). The possibilities to use AI to improve various processes in health, businesses or the public sector seem unlimited, but AI also raises concerns with respect to data protection and fundamental rights. As AI technologies became more and more prominent, the European Commission developed an AI Strategy, published in 2018. The centrepiece is the proposal for an AI Regulation (Artificial Intelligence Act Proposal) submitted in April 2021. One of the novelties introduced by this proposal is the creation of AI ‘regulatory sandboxes’. This Briefing will explain what regulatory sandboxes are, and how they fit within the concept of ‘legally disruptive experimentation’. It also asks whether the regulatory sandboxes may themselves pose challenges regarding personal data protection in the context of the AI Act Proposal and its possible loopholes.

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