Presentation Write Up

AI Introduction
After the 19th century, the rate of innovation started multi pace. Every day new and new technologies
come out. Thereby blurring the already-known technological concepts to humans. In this confusion, it
becomes very difficult to have a comprehensive definition of artificial intelligence (AI).
In layman’s terms, it refers to imitating/simulating or doing actions by machines which was known to
be performed by humans only. In other parlance, we can state that actions which require the use of the
application of human mind and skill, were initially not able to be performed by machines but with
advancement happening every day these activities have also come under the ambit of the work of the
machines.
While there has been much evidence of AI being useful in many industries and by many stakeholders
like healthcare, the internet, YouTube, etc, 1 There have always been various debates about the topic
in the past few decades, with countries still trying to accept the new concept and inculcate same into
their environment, there is still resistance concerning the same. Various countries like China, the
United States of America, and Europe have already gotten into the race to become the first to
successfully inculcate the concept into their work to become an AI giant.
Though considering the technological backing and advancement these countries already have, the
road to having supremacy in the same is not a big task for these. However, the major roadblock on
this road to success is the legality and regulation of Artificial Intelligence through legal instruments.
Europe’s Introduction
European Union - a political and economic union of 27 European Countries. Since the final formation
of the European Union through the Treaty of Maastricht in 1993, it has developed various policies and
functions to become a closely integrated organization.
Digital transformation – one of the priority sectors for Europe, it is the adoption of technologies in all
spheres of the Country’s functioning. The development of AI is an integral part of digital
transformation.
European AI Act
Present status
European Commission presented the proposal of a draft of the AI Act in 2021. After deliberations
European Parliament in 2023 adopted the negotiating position on the AI Act. Before the AI policy
becomes Law, a trialogue between the European Commission, European Council, and the European
Parliament to establish the final positions on negotiation on end details will have to be required to be
undergone.
the Act provides harmonized rules that govern the use, marketing, and development of AI in all
industries.
the first initiative which has been crystallized into a comprehensive act
Features of the Act
Scope – Article 1 provides for the subject matter of the Act. The act has a wider scope than GDPR
since the latter only pertains to ‘personal information’.

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AlphaGo – Google DeepMind". Archived from the original on 10 March 2016
The act has distinguished AI systems basis the associated risk. Critically the requirements under the
act depend on the risk factor associated with the AI. Unacceptable risk AI has been prohibited.
Objectives of the Act
The Act seeks to codify the high standards of the EU trustworthy AI paradigm, which requires AI to
be legally, ethically, and technically robust while respecting democratic values, human rights, and the
rule of law.
One of the main concerns of the Act is the usage of AI placed in the Union market shall be safe and in
consonance with the existing prevailing legislations, especially with respect to Fundamental rights and
values.
To promote investment and innovation in the subject matter following proper legal nuances.
By preventing the market division for AI products and applications, it aims to create a single common
market.
India – Comparison
No codified laws, regulations statutes govern AI usage and development
Ministry of Electronics and Information Technology (MEITY) constituted various committees under
the IT Act 2000 and released a strategy to bring legal nuances related to AI
Draft Information Technology (Intermediaries Guidelines (amendment) rules 2018 2 were released for
market comments and review. NITI AAYOG issued a report as a welcoming step for participation in
the subject of AI across all sectors.
Further India has also Joined a Global Partnership on AI – For a guide in reasonable development of
AI, innovation, invention, etc.
MEITY is an executive responsible for the implementation of AI strategies, and the judiciary has to
review for check violations of fundamental rights
Laws applicable in India
IT Act
the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal
Data or Information) Rules 2011
Digital Personal Data Protection Act 2023 – Individuals controlling the usage and sharing of personal
data.
India should consider a balanced approach to AI regulation, learning from the EU and US models.
Like the EU, India needs a robust framework that safeguards individual rights, mitigates risks, and
ensures data protection without impeding AI development. Embracing aspects of the decentralized US
model can help avoid overregulation, allowing specific sectors to address AI-related issues based on
their unique needs, and also encourage innovation.
Impact of the EU AI Act on India
The “Brussels Effect” refers to the European Union’s unilateral power to regulate global markets due
to multinational companies and other relevant actors around the world adapting to standards laid
down by the EU to access the extremely important EU market. To reduce compliance burdens,

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http://www.meity.gov.in/writereaddata/files/Draft_Intermediary_Amendment_24122018.pdf
companies adopt these standards globally, which essentially designates EU standards as the global
standard. For example EU competition and anti-trust laws, GDPR, etc
India has always been independent about its legislative endeavours, it has a history of seeking
inspiration from international regulations while formulating domestic laws. Certain principles of the
GDPR have inspired provisions in India’s data protection legislation.
Further in various ministerial meetings, India and EU specifically committed to cooperating on
trustworthy Artificial Intelligence
Impact of AI regulations on Law and Justice
Idea of law and justice in EU
European notion of law and justice is based on the principles of fairness, equality and rule of law.
Further basis of law and justice is evident from the charter of human rights, serving as basic document
outlining the rights and freedom as protected by EU legiulsations.
Further, another idea of law and justice is seen from harmonization of laws to promote fairness and
equality across member states. It seeks to ensure that individuals and businesses can access justice and
rely on a robust legal framework that upholds European values.
Impact of AI Act on law and Justice in Europe
EU values – One of the main features of the Act is that it is in consonance and is in check with EU
values, especially fundamental rights. As is provided as one of the objectives of the act, that the act
aims to regulate, monitor and create a single market for development of AI systems though subject to
upholding the fundamental rights and democratic principles.
Rule of Law - enshrined in Article 2 of the Treaty on European Union. Rule of law requirements
mean, among others: transparent, accountable, democratic, and pluralistic law-making process; legal
certainty; prohibition of arbitrariness of the executive powers; effective and equal judicial protection,
including access to justice, by independent and impartial courts; separation of powers; and non-
discrimination and equality before the law. The inclusion of Fundamental rights Impact assessments
(FRIAs) in the AI Act makes it in consonance with the idea of rule of law.
Uniformity - Regulation lays down a uniform legal framework in particular for the development, the
placing on the market, the putting into service and the use of artificial intelligence in conformity with
Union values and ensures the free movement of AI-based goods and services cross-border, thus
preventing Member States from imposing restrictions on the development, marketing and use of
Artificial Intelligence systems (AI systems), unless explicitly authorized by this Regulation.
Data Protection and Privacy- AI Act is in consonance with GDPR, though it has wider scope. AI
systems used in various sectors carry personal information from individuals especially in criminal
investigations or legal proceedings. AI Act by dividing various AI systems basis the risk factors
involved, provide stringent standards and requirements especially for transparency and accountability
for AI with high associated risk, thereby ,maintain the privacy standards of the individuals.
Transparency and Accountability: The EU AI Act emphasizes transparency and accountability for AI
systems. Though AI systems with higher risk have stringent and varied requirements but one of the
feature of the Act is that it promotes transparency and accountability as a standard under its scope.
Ethical Consideration – The act has inculcated in itself carious ethical consideration. For example, it
specifically states AI system not to be discriminatory and indulge in unfair trade practices. Certain AI
systems can also have an impact on democracy and rule of law and the environment. These concerns
are specifically addressed in the critical sectors and use cases listed in the annexes to this Regulation.
Liability and accountability – In todays world where the transactions have been complex in nature, it
is difficult to point out the responsibility of a fraud or unfair practices, However the act, has
specifically pointed out the transaction as well as related players which shall be held responsible and
accountable for any negative action being undertaken
Public Oversight: The EU AI Act sets up a European Artificial Intelligence Board (EAIB) to oversee
and coordinate the implementation of AI regulations across EU member states. It aims to ensure
consistent enforcement of AI rules and standards throughout the EU
Redress Mechanisms: It establishes procedures for individuals and organizations to seek redress in
case of AI-related issues, including the right to challenge decisions made by AI systems
Loopholes in the AI Act
- Mandate FRIAs for all high-risk AI systems, in line with the amendments proposed by the
European Parliament in Article 29a, and include rules to ensure FRIAs are conducted in an
open and transparent manner and their findings subject to public scrutiny.
- Reject the European Council’s proposed amendment to Article 2 of the AI Act, which aims to
exclude AI systems developed or used for national security purposes from the scope of the
Act.
- Return to the original Commission proposal’s version of Article 6(2) of the AI Act, thereby
removing newly added loopholes which would give AI developers, be it from the public or
the private sector, the power to unilaterally exempt themselves from the safeguards set out in
the AI Act.
Impact of globalisation on EU AI regime

Brussels effect – Enticing the EU to make laws which shall be held as model standard for the globe
forced EU to become a forerunner in become AI giants.

This can have a negative effect and positive effect.

If the Act delivers the purpose for which it will be enacted then, it shall become a model standard for
the globe

If the Act will not be able to deliver then, it shall also showcase the loopholes which the other nations
could recognise for their own national legislations on Artificial intelligence.