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Legal and regulatory implications of Artificial Intelligence. The case of autonomous vehicles, m-health and data mining.

Abstract: 
AI will have numerous positive impacts on various aspects of our daily life, but it also presents several challenges. To fully benefit from AI potential, an appropriate regulatory and enabling framework needs to be put in place. This report presents the findings of a EIT/JRC joint project seeking to identify legal and regulatory challenges the usage of AI technology may bring for start-ups, in an attempt to raise awareness and knowledge about potential hurdles. The report contains the summary of the Workshop “Legal and regulatory implications of Artificial Intelligence (AI): the case” organised in this context, the three papers produced by the experts associated to the project and the project conclusions. During the Workshop’s plenary session, various speakers presented the EC policy landscape, gave concrete examples of EIT innovative projects, and examined the fundamental issue of liability for potential damages caused by AI systems. The experts’ papers reviewed during the parallel session provide detailed insights on three specific sectors: notably autonomous vehicles, mobile-health and data mining. Thus the paper on autonomous vehicles tackles, among other issues, the implications of different licence’s regimes for road testing, the lack of harmonised safety standards and the absence of a clear liability framework. From a more operational perspective, the expert’s paper on m-health highlights concerns raised by the application of GDPR (General Data Protection Regulation) and provides further details on other aspects, such us the tension between portability rights and intellectual property, the application of the regulation on medical devices to m-apps, and the disparities in liability rules. Finally, the legal framework for the use and access to data for AI is explored in the paper on text and data mining. As a conclusion, a number of gaps have been identified across the sectors that may require adjustments in regulation, often on sectorial basis. Finally, it was noted that, when addressing them, policymakers should work closely with industry in order to produce relevant, useful, and balanced legislation.