18.08.2020
Author: Stanisław Michałowski - Advokate
The currently analyzed comments and opinions to the "White Book of Artificial Intelligence" proposed by the European Commission lead to one of the most interesting issues concerning the future of liability for damages. A future that – among others due to the current situation with the COVID-19 pandemic - seems to be increasingly pressing.
The consultations conducted by the European Commission allow, even without a deeper analysis, to notice two basic viewpoints concerning not only the method, but even the very need to introduce a special regulation relating to the responsibility for artificial intelligence.
On the one hand, you can notice the sentence of, among others Member States that support the need for such regulations. To quote the position of Poland:
"The Government of the Republic of Poland is of the opinion that it is of paramount importance to establish a commonly recognized accountability framework in the EU, both in the area of AI design in its life cycle and in its application."
On the other hand, the views of technological giants are expressed, and they are clearly not happy about the attempt to regulate the issues described above in a special way. Quoting the position presented by Google:
“Overall, Google believes that Europe’s current liability framework remains fit for purpose, being both effective and technology neutral, so sweeping changes are not needed. There has been no evidence of problems sufficient to warrant altering such a fundamental underpinning of European law and running the risk of unintended consequences. A strong consensus among legal experts that the current framework is inadequate should be required to justify any contemplated changes.”
Moving on to the Polish civil law, it should be stated that it is highly desirable to clarify the principles of responsibility for artificial intelligence (and we are no exception here). There are many, far too many views on how to use the current regulations for the purpose of pursuing claims for damages. We are dealing here with uncertainty in legal, and thus economic, transactions. Being a participant in the EU single market, in particular taking into account the cross-border nature of artificial intelligence, it is reasonable to clarify this issue, even within the general framework, at the EU level.
From the point of view of a market participant dealing with the functioning of artificial intelligence, legal certainty is undoubtedly of fundamental importance. How can this certainty be shaped to enable the unhindered development of AI while at the same time guaranteeing compensation claims by the average citizen? We will have to wait for the answer to this question.
