European Artificial Intelligence Act: Should Russia Implement the Same?

Abstract

The proposal for a European Union Regulation establishing harmonized rules for artificial intelligence (Artificial Intelligence Act) is under consideration. The structure and features of the proposal of this regulatory legal act of the integrational organization are analyzed. EU AI Act scope is analyzed and shown as wider than the current Russian one. The act will contain harmonized rules for placing into market, operation and use of AI systems; bans on certain artificial intelligence methods; special requirements for AI systems with high level of risk and obligations of operators of such systems, harmonized transparency rules for AI systems designed for interaction with individuals, emotion recognition systems and biometric categorization systems, AI systems used to creating or managing images, audio or video content; market surveillance and supervision rules. The provisions of the Act, the features of the proposed institutions and norms, including extraterritoriality (as for GDPR before that raised many questions), risk-oriented approach (which is based both on self-certification and definite criteria for high-risk systems), object, scope, definitions are considered. The possible key concerns based on case-law to undermine possible discrimination are expressed. The author expresses conclusions about the advisability of (non) application of these institutions or rules in Russia.