Governments and industry recognize that Artificial Intelligence (AI) is opening up transformational opportunities in all areas of human activity.
At the same time, it poses unique risks: ethical, legal and regulatory challenges. These issues need to be carefully addressed in Hungary as well. The scope, speed and nature of the response will have a significant impact on the success of AI.
When AI Fails to Perform
One of the most important legal issues raised by the increasing use of AI technology is dealing with the damage caused by its potential failure. As a result, we will likely see an increase in AI-related disputes over the next decade. For example, a driverless car may hit a pedestrian, a drone partially operated by a pilot may crash and cause damage, AI software may diagnose the wrong medical treatment. As there are many parties involved in the operation of an AI system (data provider, designer, manufacturer, programmer, developer, user and the AI system itself), liability is difficult to establish when something goes wrong.
Ownership of the Creations of AI
Another challenge is that the current intellectual property laws are not well suited to deal with the situation where an AI creates potential intangible assets. Patent law generally considers the inventor as the first owner of the invention. If an autonomous AI generates an invention, there is no legal owner; the AI technology cannot own the invention, and in many cases tangible assets can only arise if there is a human creator. At this stage of development, it may not be possible to give autonomous AI the status of a legal person. Humans should have the ethical duty to take responsibility for any autonomous AI technology they commission, deploy or use.
Data protection has taken center stage this year with the EU General Data Protection Regulation (GDPR). The use of AI solutions may involve the processing of personal data and engage someone’s obligations as a data controller. As in the case of determining the liability of AI, it is difficult to determine who is the controller of the personal data processed by the AI (data provider, designer, manufacturer, programmer, developer, user or AI system itself). The data controller will need to bear in mind the data protection principles set out in the GDPR, all of which are likely to be relevant to data collection through AI, analyzing and potentially acting on the results.[…]