Product Safety Is Among EU's AI Concerns

The European Parliament February 12 adopted a resolution on fair and safe use of artificial intelligence (AI). The document (bit.ly/39yTBnK) include these points on safety:

…[T]he EU's product safety framework obliges businesses to ensure that only safe and compliant products are placed on the market; recognises that the emergence of products with automated decision-making capabilities presents new challenges, since such products may evolve and act in ways not envisaged when first placed on the market; urges the Commission to bring forward proposals to adapt the EU's safety rules for products covered by specific EU legislation that sets harmonised requirements, including the Machinery Directive, the Toy Safety Directive, the Radio Equipment Directive and the Low Voltage Directive, and for 'non-harmonised products' covered by the General Product Safety Directive, so as to ensure that the new rules are fit for purpose, that users and consumers are protected from harm, that manufacturers have clarity about their obligations, and that users have clarity on how to use products with automated decision-making capabilities."

"…[T]he need for a risk-based approach to regulation, in light of the varied nature and complexity of the challenges created by different types and applications of AI and automated decision-making systems; calls on the Commission to develop a risk assessment scheme for AI and automated decision-making in order to ensure a consistent approach to the enforcement of product safety legislation in the internal market; emphasises that Member States must develop harmonised risk management strategies for AI in the context of their national market surveillance strategies"

"…[T]he Product Liability Directive has, for over 30 years, provided a valuable safety net to protect consumers from harm caused by defective products; recognises the challenge of determining liability where consumer harm results from autonomous decision-making processes; calls on the Commission to review that directive and consider adapting such concepts as 'product' 'damage' and 'defect', as well as adapting the rules governing the burden of proof."