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The challenge of defining artificial intelligence in the EU AI Act
Journal of Data Protection & Privacy,
6
(2),
180-195
(2023)
Abstract
The EU Commission, the EU Council and the EU Parliament have each issued their own versions of the text of a new EU AI Act. Throughout the gestation of the EU AI Act a core and complex question has arisen: how should ‘AI system’ be defined in the EU AI Act? This paper examines the evolution of the definition of ‘AI system’ in the draft EU AI Act. This paper suggests that, in order to achieve the EU’s goals, a definition of ‘AI system’ which is clear and cannot be modified outside the EU legislative process, which is sufficiently broad to accommodate future technological developments and which focuses on systems which make predictions, recommendations and decisions would appear to be both the most practical and the most appropriate.
Keywords: AI; artificial intelligence; AI system; EU; EU AI Act; regulation
The full article is available to subscribers to the journal.
Author's Biography
Theodore S. Boone Theodore Boone is a member of the faculty at Corvinus University in Budapest and Of Counsel in the Budapest office of Dentons. His work focuses on artificial intelligence and other information technology matters. At Corvinus University, Mr Boone teaches a course titled ‘Business Leadership in the Age of Artificial Intelligence’, and courses on international business law and co-teaches a course on EU economic policy and institutions. In his work, Mr Boone draws on his experience arising from previous leadership positions in the US and Europe at international law firms and one of the Big 4. He is a former president of the American Chamber of Commerce in Hungary and a former adjunct professor at Georgetown University's School of Law in Washington, DC. Mr Boone is a member of the Washington, DC, New York and Supreme Court of the United States bars. He received his JD from Columbia University School of Law and also holds an LLM from Hungary's Eötvös Loránd University School of Law.
