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New CNIL guidelines on AI models : a practical approach amidst EU regulatory tangles Hogan Lovells

The CNIL has stated that the AI regulation should be based on the principles of proportionality, transparency, and accountability.

The CNIL’s New Guidelines on AI Regulation

The French National Commission on Informatics and Liberty (CNIL) has released new guidelines on the regulation of artificial intelligence (AI). These guidelines aim to provide a more pragmatic approach to AI regulation, addressing multiple issues and providing a framework for the development and deployment of AI systems.

Key Principles of the CNIL’s Guidelines

The CNIL’s guidelines are based on three key principles: proportionality, transparency, and accountability. These principles are designed to ensure that AI systems are developed and deployed in a way that respects human rights and fundamental freedoms. Proportionality: The guidelines emphasize the need for AI systems to be proportionate to the task they are designed to perform. This means that AI systems should not be used to infringe on human rights or fundamental freedoms unless it is absolutely necessary. Transparency: The guidelines require that AI systems be transparent in their decision-making processes. This means that AI systems should be able to explain their decisions and provide evidence to support those decisions.

The guidelines aim to provide clarity on the application of the General Data Protection Regulation (GDPR) to AI models, which are increasingly being used in various sectors, including healthcare, finance, and education.

The Importance of AI Model Transparency

Artificial intelligence (AI) models are becoming increasingly prevalent in various sectors, including healthcare, finance, and education. However, the use of AI models raises significant concerns about data protection and transparency.

However, for scenarios where data is collected from a single source, the CNIL suggests that the information notice should be limited to the source of the data and the type of data being processed.

Refined Approach to Information Notice

The French data protection authority, CNIL, has revised its guidelines for information notices to strike a balance between providing detailed information and considering practical considerations.

CNIL’s guidelines provide a framework for organizations to ensure they are meeting these rights.

Understanding the CNIL Guidelines

The French National Commission on Informatics and Liberty (CNIL) is responsible for ensuring that organizations comply with the General Data Protection Regulation (GDPR) in France.

Filtering Techniques for AI Model Management

The French National Commission on Informatics and Liberty (CNIL) has issued guidelines for the use of artificial intelligence (AI) in data processing. One of the key recommendations is the use of filtering techniques to manage data outputs.

The CNIL has also been open to the use of other legal bases, such as the processing of personal data for the purposes of scientific research or the protection of public health.

Balancing Data Protection and AI Development

The French data protection authority, CNIL, has been grappling with the challenges of balancing data protection with the rapid development of artificial intelligence (AI). As AI technologies continue to advance, the need for robust data protection measures has become increasingly important. However, the practical realities of AI development often require the collection and processing of large amounts of personal data.

## The Legitimate Interest Principle

In its previous approach, the CNIL has recognized the legitimacy interest principle as a workable legal basis for processing personal data in the context of AI development. This principle allows for the processing of personal data without the need for explicit consent, provided that the processing is necessary for the legitimate interests of the controller. The CNIL has shown flexibility in its application of this principle, taking into account the specific context and circumstances of each case.

## Alternative Legal Bases

The CNIL has also been open to the use of other legal bases for processing personal data in the context of AI development. For example, the processing of personal data for the purposes of scientific research or the protection of public health may be justified under the CNIL’s guidelines. These alternative legal bases provide a more nuanced approach to data protection, taking into account the specific needs and circumstances of each case.

## The Need for Clear Guidelines

Despite the CNIL’s flexibility and openness to alternative legal bases, there is still a need for clear guidelines on data protection in the context of AI development.

The European AI Act: A Complex Framework for Governance

The European AI Act is a landmark piece of legislation aimed at regulating artificial intelligence (AI) in the European Union. The act seeks to establish a governance framework that ensures the safe and responsible development and deployment of AI systems. However, the complexity of the act has raised concerns among stakeholders, including the French data protection authority, CNIL.

Key Provisions of the European AI Act

  • The act sets out a framework for the development and deployment of AI systems, including requirements for transparency, accountability, and explainability. It establishes a new regulatory body, the European AI Board, which will oversee the implementation of the act and provide guidance on AI-related issues.

    CNIL’s new guidelines on AI models and individuals’ rights: https://www.cnil.fr/en/ai-and-gdpr-cnil-publishes-new-recommendations-support-responsible-innovation

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