KEDGE - Legal&Ethical Aspects of AI - S Marcellin - October 2023

Legal & Ethical
aspects of artificial intelligence
Kedge Business School – October 2023

Sabine Marcellin
Presentation
Juriste IT
Avocate non-exerçante au barreau de Paris
DPO (data protection officer) diplômée

Réserviste citoyenne de la cyberdéfense
Chargée de cours à HEC, Paris Panthéon-Assas & Kedge BS
Coauteur
Lamy Droit du numérique
La protection des données – 2018
Secret des affaires – Lexis Nexis 2019
Legal & Ethical aspects of AI - Sabine Marcellin 2

Presentation
Who are you ?
What do you dream that AI brings you?
Do you have a passion ?

Program
Presentation
Evaluation

Outlines
0. Introduction
1. Ethical issues of AI
2. Legal approach of AI
3. Application of existing legal rules
4. New legal challenges for trustworthy AI
5. International regulatory initiatives

0.1 Introduction
Advances in artificial intelligence allow machines to perform

cognitive tasks previously reserved for humans
Conditions are met for a generalized evolution of AI techniques:

data availability, development of offers and performance of IT
equipment
Social applications of AI are sources of progress but also of risks.

Mastering AI represents challenges for innovation and productivity

0.2 Introduction
Will these principles take the form of legal or ethical rules?
AI represents such challenges and generates so many

transformations that its governance deserves to be developed
Many governments and organizations have begun to reflect on

the principles for framing AI

0.2 Introduction
Wil

0.3 Introduction
Glossary 1/3
Algorithm: set of operating rules whose application makes it possible to solve a stated problem
by means of a finite number of operations. An algorithm can be translated to a programming
language and an executable program by a computer (Larousse dictionary)
Artifical intelligence: automated system which, for a given set of objectives defined by
humans, is able to establish forecasts, formulate recommendations or make decisions in real or
virtual environments (OECD)
Bias: the fact that the result produced by the algorithm is not neutral, fair or equitable. This may
be due to the fact that the data used reflect existing interpretations and values
Compliance : the act of obeying an order, rule or request
Copyright: the legal right to control the production and distribution of artistic creations, such as
books, pieces of music, photographies, films, theater plays, choregraphy, etc.
0.4 Introduction
Glossary 2/3
Decree: a formal and authoritative order, especially one having the force of law
Ethics: discipline dealing with moral duty and obligation
Human rights: standards that recognize and protect the dignity of all human beings. Human
rights govern how individual human beings live in society and with each other, as well as their
relationship with the State and the obligations that the State have towards them
Industrial property: legal protection of industrial creations
Intellectual Property: refers to legal protection of creations of the mind, such as inventions,
literary and artistic works, designs, names and images used in commerce. Types of protection are
copyright, patents, trademarks, industrial design, micriprocessors, geographical indications and
trade secrets
Jurisprudence: the corpus of all court decisions and the analysis of such corpus

0.5 Introduction
Glossary 3/3
Law: a corpus of provisions which, at a given time and in a given State, regulates the status of
persons and property and organize public or private persons relations
Volonteer standards: a technical standard is a benchmark established by a standardization body

officially approved by a State via a national standardization organization (such as Afnor for
France), approved at European level (such as CEN or ETSI), or even from a international treaty
(such as ISO). As the English language does not mark the difference between norm and standard
(“norm” is called “standard” in English), we speak for standards of de jure standards and for
simple standards, of de facto standards. A simple (de facto) standard is generally determined
either by a pioneering industrialist or in a dominant position on a market, or by a professional
association or a consortium of industrial players (such as GS1, IEEE or OASIS)

0.6 Introduction – Bibliography ENG
- LEE Jeamin, Artificial Intelligence & International Law, Seoul National University, Korea,
2022
- MULLER Vincent, Risks of Artificial Intelligence, CRC Press, 2022
- Ethics, Governance and policies for Artificial Intelligence, Oxford University, 2021
- Artificial Intelligence and International Economic Law, Cambridge University, 2021
- Examples of AI National Policies, Report to the G20 Digital Economy Task Force, 2020
- WALLACH Wendel & ALLEN Colin, Moral Machines, OUP USA, 2010

0.7 Introduction – Bibliography FR
- BRONNER G., Les lumières à l’ère numérique, PUF, septembre 2022
- Conseil d’Etat, « Intelligence artificielle et action publique : construire la confiance, servir la

performance, Etude, 31 août 2022
- Avis sur l’impact de l’intelligence artificielle concernant les droits fondamentaux, Comité
national consultatif des droits de l’homme, 7 avril 2022
- Recommandation sur l’éthique de l’intelligence artificielle, UNESCO, novembre 2021
- MARCELLIN Sabine, « Encadrement de l’intelligence artificielle : les réponses essentielles »,

Village de la justice, septembre 2022
0.7 Introduction – Bibliography FR
- University of Zurich, « Un cadre juridique pour l’intelligence artificielle », novembre
2021
- NOCETTI J., « Intelligence artificielle et politique internationale, les impacts d’une

rupture technologique », Etude de l’Ifr, novembre 2019
- Sous la direction de VILLANI C. « Donner un sens à l’intelligence artificielle », rapport

de mission interministérielle, 8 mars 2018
- Collectif, « Droit du numérique »,Ouvrage et Guide, éditions Lamy, parution annuelle

0.9 Introduction – Political approach
The awareness is international. Like any technological breakthrough, AI have
major implications for the international arena
- March 2023: open letter from Future of Life Institute signed by more than 1000
researchers
- April 2023 : Chat GPT use is forbidden in Italy
- June 2023 : Great-Britain Government proposes to organize the first international AI

summit
Reference : Julien Nocetti, « Intelligence artificielle et politique internationale : les impacts d’une rupture
technologique », Études de l’Ifri, Ifri, novembre 2019
1. Ethical Issues of AI

1.1 Ethical issues of AI
Ethics is the disciplin of moral principles involved in human action
Ethics does not impose sanctions
The ethical norm, while not mandatory, is nevertheless an origin of the legal norm,
when philosophical and moral reflection can inspire the elaboration of mandatory
standards
The ethical character influences the attractiveness of consumers for a product or

service
To support AI development, should we promote ethics?

1.2 Ethical Issues of AI
Should AI governance structured around legal or ethical rules?
The confrontation of new uses from AI to classic legal rules

has opened a broad debate and encouraged the reflections an
discussions of different organizations around the standardization of
AI
The disruptive nature of AI raises many questions. Cognitive systems,

tomorrow based on artificial neurons, are changing the way
organizations innovate and operate

Benefits ? Smart decision making
AI technology can coordinate data delivery, analyze trends,
develop data consistency, provide forecasts, and quantify
uncertainties
Examples :
- BBC News uses IA to improve weather forecast
- ClimaCell, a Bostonstart-up introduces IA for airspace

wheather forecast

What are the benefits ? Automation
- Higher production rates and increased productivity

- Improvment of product quality, reduced lead times, and
superior safety
Example: Amazon deploys more than 100,000 AI-based Kiva

robots in their fulfilment centre. These robots can load and
unload one full trailer of stocks in less than 30 minutes instead of
2 hours for human workers

Benefits? Optimizes customer experience
To respond to customer queries and grievances quickly and address

the situations efficiently
The use of chatbots that couple conversational AI with Natural
Language Processing technology
Examples: - Bank of America virtual assistant Erica is one such

example of AI-enabled chat-bot. It has already received more than 50
million client requests in 2021
- Brinks increased its efficiency while improving cross-sell
recommendations in 2022
Ref : Customer experience in the Age of AI – Harvard Business Review –
April 2022
Benefits ? Medical advance
Remote patient monitoring technology

Improve clinical diagnoses
Monitoring and predicting the progression of contagious diseases
Example :
At the Lariboisière Hospital in Paris, since 2022, the APHP performs

"sleeping medical consultations" during operations under anesthesia
to complete the patient’s health assessment

Benefits? Data research and analysis
AI and machine learning technology can be used to analyze data
much more efficiently :
Creating predictive models, understanding potential outcomes of
trends, etc.
Example
VIZ.AI provides intelligent coordination for medical patient care

including emergency management
Doc : McKinsey – The state of AI in 2023 : Generative AI’s breakout

year
Benefits? Solving Complex Problems
Solving complex issues like fraud detection, personalized customer
interactions to weather forecasting, etc.
Example
Honeywell quantum Solutions uses IA for financial trading
Doc : AI has power to revolutionize fraud investigations, Jan Scholtes,

Corporate Compliance Insights, September 2023

Benefits? Safety & business continuity
Helping organizations make critical decisions
Preparing them for any emergency to ensure business continuity
Contributing to respond to crisis proactively
Creating scenarios to help businesses plan for a speedy disaster
recovery strategy
Example
Defikopter are life-saving drones created by Delft University to

ensure defribillators on site

Benefits? Managing repetitive tasks
AI-powered robotic process automation tools can automate
interactions between different business systems
Imitating human actions within the digital systems in the
production, HR, IT, marketing, sales departments…
Example
September 2022 Lacroix inaugurated its 4.0 factory near Nantes to
produce electronic components
Doc : Artificial Intelligence Applications for Industry 4.0: A Literature-

Based Study, Journal of Industrial Integration & Management, Mohd
Javaid, Abid Haleem, Ravi Pratap Singh, and Rajiv Suman, vol 07,
Legal & Ethical aspects of AI - Sabine Marcellin
n°1, 2022 26
Benefits? Increase business efficiency
Can help to ensure 24-hour service availability with the same
performance and consistency :
Allowing to re-assigned staff to perform more complex
business tasks
Example
To fight against counterfeiting, analysis of images linked to

products on social networks

Benefits? Contribute to Justice
How AI could contribute to Justice ?
Example in France :
- Datajust – to assess damages (2020-2022)

- Open data - 180 000 judicial law cases per year
- Cour de Cassation (French Supreme Court) – detect differences
in case law between the different courts

What are the risks? 1/2
Physical accidents
Inaccuracy
Biases of algorithms
Difficult explainability of decisions
Information security break
Privacy invasion
Automation of decision-making
Environmental risk
Jobs limitation

What are the risks? 2/2
Intellectual property infringement

Discrimination
Reputational risk
Technical dependence of a few key players
Reinforcement of the technological divide
National security
Reflection limitation
Critical thinking limitation

2. Legal approach of AI

2.1 Legal approach of AI
Law is a corpus of provisions which, at a given time and

in a given State, regulates the status of persons and
property and organizes relationships between public or
private persons

Legal regimes vary

between States and
regions of the world
University of Ottawa

Legal framework could influence the
development of AI in a State or region rather
than another ?
Could the law slow down research work in

AI?
Could the law frame promote trustworthy AI

development?

AI is by nature international and competitive but global

legal standardization seems utopian
Algorithms represent a universal language (Code is law)

but every state wants to maintain the balance between
innovation and governance.

Why there is only a few international rules ?
Because international law principles recognizes that every country is

independant and sovereign
But bilateral our multilateral agreements can generate international

conventions. These international conventions can only be valid if
accepted by each country.
Example:
Resolution on the inclusion of a safe and healthy working
environment in the ILO’s framework of fundamental principles and
rights at work, 16 June 2022

The idea to avoid excessive legal constraints on AI research is present in
various studies.
For example, in its discussion paper on AI in

the financial sector, the ACPR (French Bank and Insurance Regulator) stated
in 2018: « There may be a risk of enacting standards too early that hinder
the development of certain uses of AI in the financial sector. However, it
seems important that the development of the use of AI comes with practical
thinking on the appropriate forms of their governance, with regard to
technologically neutral regulatory objectives. »
Time factor : The legislator's time is not that of the AI researcher.

3. Application of
existing legal rules to AI

3.1 Application of existing
legal rules
How to ensure controlled development without hampering innovation? Can
current legal rules apply to it?
Entire areas of traditional law are called into question by AI including :
- Liability
- Intellectual property
- Personal data protection, etc.

3.4 Application of existing
legal rules - Liability
Classical « responsability » rules seem to be able to be exploited
Contractual conditions are not enforceable, under French law, neither to

consumers nor to a third party who suffers damage
If an AI-driven robot causes harm, who will be responsible? Driver,

manufacturer, repairer… The issue of determining responsibility will be
complex
A European Act is in preparation : September 28, 2022

Proposal for a directive on adapting civil non-contractual liability rules to a
rtificial intelligence

3.5 Application of existing legal
rules – Intellectual property
“Many of these issues raised by algorithms today constitute a blind spot in
the law” according to the Villani report.
Protection of AI components is crucial to enable investment protection:

software, data and algorithms
Who owns data generated by artificial intelligence?

If the AI system generates an artistic creation, who owns this creation?

3.6 Copyright
Source : Code de la propriété intellectuelle Partie I Livre I
Copyright differs from Author Rights
Originality is the condition

Royalties
Distribution by licences

3.7 Software
Source : Code de la propriété intellectuelle Article L122-1 et

suivants
Application :
Limited condition of originality

No paternity right
Distribution by licence

3.9 Patent
French source : Code de la propriété intellectuelle Article L 611-1 et
svts.
Application:
new and inventive invention
industrial application Formal deposit to a National Agency (INPI –
Institut National de la Propriété Intellectuelle in France)
Publication
Right to forbid exploitation during 20 years

Licence management
And other countries ?

3.10 Trademark
French source : Code de la propriété intellectuelle Article L 711-1 et
svts.
Application
Condition : new
Other rights compliance (names, cities, public institutions, etc.)
Publication
Right to forbid exploitation
Licence management
Other countries?

3.11 Domain name
French source : Code de la propriété intellectuelle Article L 711-1 et svts.
Application:
Condition: new
Third parties rights respect
Publication
Right to forbid exploitation
Licence management
Other countries?

3.12 Confidentiality
Professional secrecy or trade secret?
Legal rules
Technical and organisational measures

Professional secrecy – Art 226-13 of the Penal Code
Applies to depositaries by profession, function or temporary

mission, reinforced by around twenty obligations in the Code
of Commerce, public health, etc.

Business secrets
Art 151-1 of the French Commercial Code and XXX European

Directive
Applies to information "which has commercial value, actual or

potential, because of its secrecy (...) which has been the subject
of reasonable protective measures on the part of its legitimate
holder, taking into account the circumstances , to keep it secret.
»

Technical and organizational measures
Techniques: premises security, access control, video

surveillance, cybersecurity, Data Leak Prevention applications,
etc.
Organizational measures: security policy, charter, training,

awareness, contracts, confidentiality agreement, etc.

3.16 Data Protection
Legal frame : GDPR, eprivacy
- General Data Protection Regulation

applies to all processing within the
European Union or concerning
persons located in the EU

3.17 Data protection
Data protection (or privacy) principles:

Personal Data
Data processing
Purpose
Data controller
Data processor
Regulators
Risk analysis…

Risks :
Administrative sanctions
And fines to 20 millions euros or 4

% of consolidated turnover

In France, the transfer of a file between

companies is illegal if it does not
comply with the GDPR
Cour de Cass. 25 juin 2013 n°12-17.037

Transfer outside European Union

Following the invalidation du Privacy Shield
(16 July 2020) the use of Standard
Contractual Clauses (SCC or Clauses
Contractuelles Types - CCT) is modified –
European Commission of June 4, 2021
New agreement 10 July 2023

Transfer outside European Union

Importer’s obligations: inform the
exporter about legal conditions, accept its
audit et submit to European data agencies
actions…
Importer’s and Exporter’s obligations:

reinforcement of security measures

3.22 Data protection - Cookies
e-Privacy european Directive 2002/58/CE

modified in 2009
For France, CNIL Recommandations in
September 2020
User’s prior consent excepted for technical

cookies
3.23 Data protection – CNIL
publication
Artificial intelligence: CNIL unveils its first answers for
innovative and privacy-friendly AI - 16 October 2023
By submitting for public consultation its first how-to sheets on

the creation of datasets for the development of artificial
intelligence systems, the CNIL responds to industry stakeholders
and shows that the General Data Protection Regulation (GDPR)
supports an innovative and responsible approach.

3.24 Privacy by design for AI
Defining a purpose
An artificial intelligence system based on the use of personal data
must always be developed, trained, and deployed with a clearly-
defined purpose (or objective).
This objective must be clear, determined and legitimate
Establishing a legal base

As with all processing, an AI system using personal data can only be
implemented for a use justified by the law. The GDPR sets out 6 such
legal grounds: consent, compliance with a legal obligation,
performance of a contract, completion of a public interest mission,
the safeguarding of vital interests and the pursuit of a legitimate
interest

Compiling a database
The constitution of datasets containing personal data, often based on
long data retention periods, must not be to the detriment of the rights
of the data subjects. In particular, it should be accompanied by
information either prior to the data collection or within one month
after the reception of the datasets
Minimising data
The personal data collected and used must be appropriate, relevant and
limited to what is necessary for the defined objective. Great attention
must be paid to the nature of the data especially with sensitive data

Defining a retention period
Personal data cannot be retained indefinitely. The GDPR requires a
time limit to be specified beyond which data must be deleted, or in
some cases archived. This retention period must be determined by the
data controller based on the objective for which the data was
collected
Supervising continuous improvement

Apart from the risks of drift inherent in continuous learning
(introduction of discriminatory bias, deterioration of performances...),
such a use of data for two distinct purposes (production and the
intrinsic improvement of the system) raises questions in terms of data
protection

Safeguarding against the risks involved with AI models
Since there are real risks of a breach of privacy rights, the CNIL
recommends that appropriate measures be implemented to secrurize
data
Providing information and explicability

The transparency principle of the GDPR requires any information or
communication relating to the processing of personal data to
be concise, transparent, understandable and easily
accessible, using clear and plain language

Implementing the exercise of rights
Data subjects possess rights to help them keep control of their data. The data
controller of the file must explain to them how to exercise their rights (to whom?
in what form?, etc.). When exercising their rights, individuals should, in principle,
receive a response within one month
Supervising automated decisions

Individuals have the right not to be subject to a fully automated decision often
based on profiling. However, an organisation can automate this type of decision if:
- the individual has given their explicit consent;
- the decision is necessary for a contract agreed with the organisation; or
- the automated decision is authorised by specific legal provisions

Assessing the system
The assessment of AI systems is a key issue and at the heart of the GDPR and essential for:
- Validating the approach tested during the system design and development phase
- Minimising the risks of system drift that can be observed over time
- Ensuring that the system, once deployed in production, meets the operational requirements
for which it was designed.
Avoiding algorithmic discrimination

The use of AI systems can also lead to risks of discrimination. There are many reasons for
this, with possible origins being:
- data used for learning, for example because it is non-representative or because, although
representative of the “real world”, it nevertheless reflects a discriminatory nature (e.g. the
reproduction of gender pay gaps); or
- the algorithm itself, which may contain design bias

4. New legal challenges
for trustworthy AI
How to frame this current of innovation without curbing it?

4.2 Liability
European Commission
Proposal for a Directive on

adapting civil liability rules to
artificial intelligence – 28
September 2022

4.3 Intellectual property
Protection of AI components is crucial to enable investment

protection:
USA July 2022 law case: The American Copyright Office reminds that data, software,
copyright rulesetc.
apply only to humans -
“A recent entrance to paradise Dabus IA”
Mathematical methods are not copyrightable
More complex question when the AI system itself generates

new data. Who owns the data generated by artificial
intelligence? And artistic creation, who owns
of this creation?

4.3 Intellectual Property
Who owns the data generated by artificial intelligence? And

artistic creation, who owns of this creation?
Between protection of innovation and transparency of the

algorithms, the balance has to be built.
USA July 2022 law case: The American Copyright Office

reminds that copyright rules apply only to humans -
“A recent entrance to paradise Dabus IA”

4.4 Data protection
But how to exploit AI while maintaining the

imperative to protect individual freedoms when
the systems are complex and evolving?

4.5 Other issues?
Ms. Tang Yu was appointed on September 20th 2022 as

CEO of NetDragon Websoft, a Chinese leader in video
games and online education services (6,000 employees)
This “woman” is a robot

4.5 How to answer these
new legal challenges?
Other issues ? Robot responsibility and personality…
The question is : standardization in advance or to take the time

to observe whether the operational implementation of AI
requires an evolution of current legal regimes?
How to frame this current of innovation without curbing it?

5. International
regulatory initiatives

5.0 Regulatory initiatives and international law

5.1 United States
The national Security Commission on Artificial Intelligence

(NSCAI) published in 2021 à Final Report -
https://www.nscai.gov/wp-content/uploads/2021/03/Full-Repor
t-Digital-1.pdf
« The ability of a machine to perceive, evaluate, and act more
quickly and accurately than a human represents a competitive
advantage in any eld—civilian or military. AI technologies will
be a source of enormous power for the companies and
countries that harness them »

5.2 United States
« For the first time since World War II, America’s

technological predominance—the backbone of its economic
and military power—is under threat. China possesses the
might, talent, and ambition to surpass the United States as the
world’s leader in AI in the next decade if current trends do not
change »

5.3 China
Following the 2017 release of its AI strategy, China was

ranked number one globally in 2020, in terms of the number of
research papers on AI and the number of AI related patents.
China's advance in AI was also helped by the size of its

domestic market and, at least initially, by the lack of clear
privacy regulation.

5.4 China
A March 2021 study by the Mercator Institute for China

Studies (MERICS) confirms that China's social credit system,
which uses AI technology, was swiftly redeployed to fulfil
most of these functions.
In China, AI is also used for a variety of business purposes

(e.g. online shopping) and in industry, with a focus on
promoting automation

5.5 China
« The government believes that these intrusions, together with

administrative actions, such as denying blacklisted people
access to services, will nudge people toward “positive
behaviors,” including greater compliance with government
policies and healthy habits such as exercising »
Source : Human Rights Watch -

https://www.hrw.org/news/2021/04/08/chinas-techno-authorita
rianism-has-gone-global

5.6 China
Shenzhen & Shanghai Economic Zones have adopted their

own policy of promotion and regulation of AI
Documentation
- European Parliament - China’s ambition in artificial

intelligence -
https://www.europarl.europa.eu/RegData/etudes/ATAG/2021/6
96206/EPRS_ATA(2021)696206_EN.pdf
- Book : Dictature 2.0 by Kai Strittmatter (French)

5.7 European Union
A European Parliament resolution on an Industrial Policy on

AI and robotics is made public on February 12, 2019
On April 8, 2019, the European Commission, through its group

of experts in artificial intelligence (AI HLEG) which
h shares its guidelines on AI ethics. In particular, the
Commission encourages human control, security and
robustness, respect privacy, transparency, non-discrimination
and fairness as well as accountability

5.8 Council of Europe
The Council of Europe decided to create an ad hoc IA

Committee to examine the opportunity
to develop rules specific to AI, within its 47 Member States.
The objective of this committee is to “examine feasibility and
potential elements, based on broad multi-stakeholder
consultations, a legal framework for development, design and
the application of artificial intelligence”.

5.9 Europe
Documentation
- Decision of European parliament, on 18 June 2020 to

prepare a study on “AI Diplomacy”
- Proposal for a Directive on adapting civil liability rules to
artificial intelligence – 28 September 2022

5.10 OECD
In June 2019, the OECD published a Recommendation on

artificial intelligence11, on the occasion of the Osaka summit.
It's about the first intergovernmental standard on AI.
Its objective is to stimulate innovation and build confidence in
AI by promoting a responsible approach.
The Recommendation states that: “while it has advantages, AI
does not come without posing a number of challenges for
societies and economies, in particular in terms of economic
changes and inequalities, competition, labor market
transitions and consequences for democracy and human rights.
»

5.11 OECD
In June 2019, the OECD (Organisation for Economic and

Development – 38 countries) published a Recommendation on
artificial intelligence11, on the occasion of the Osaka summit.
Its objective is to stimulate innovation and build confidence in
AI by promoting a responsible approach.
The Recommendation states that: “while it has advantages, AI

does not come without posing a number of challenges for
societies and economies, in particular in terms of economic
changes and inequalities, competition, labor market transitions
and consequences for democracy and human rights. »

5.13 OECD
The text of this recommendation sets out five major principles: inclusive growth, values
centered on the human, explainability, robustness and responsibility. These principles are
accompanied by recommendations for trustworthy AI, namely:
- invest in research and development in AI

- promote the establishment of a digital ecosystem for AI
- shaping an action framework favorable to AI
- strengthen human capacities and prepare for the transformation of the world of work
- and fostering international cooperation in the service of trustworthy AI
The OECD will then publish in July 2020, a report “Examples of AI National Policies”
which presents the state of work in some twenty countries, including France.

5.14 UNESCO
UNESCO (193 members)organized a conference, “Principles for AI:
towards a humanistic approach? » in Paris on March 4, 2019
Audrey Azoulay, CEO of the institution, takes a stand:
“It is certainly premature to want to regulate AI globally, but it is more

than time to de ne a basis of ethical principles that would frame this
disruption”
In November 2021, the General Conference adopted the

Recommendation on the Ethics of Artificial Intelligence, the very first
global standard-setting instrument on the subject

5.14 France
From 2014, the “Conseil d’Etat” (Council of State) devoted its annual
study to digital technology and fundamental rights.
The Senate publishes, on March 29, 2017, a report entitled “For

controlled, useful and demystified artificial intelligence” to promote
safe, transparent and fair algorithms and robots.
The result of a public debate led by the CNIL in December 2017, a

publication explores the promises and risks associated with these
technologies. Recommendations: make systems understandable by
strengthening existing law, promote the design of algorithms in the
service of human freedom, build a national audit platform and to
encourage the development of ethics

5.15 France
On March 28, 2018, Parliament proposes another report: “A strategy for
France in terms of AI”.
According to Cédric Villani, its rapporteur: “France must re-afirm its
sovereignty and define a framework confidence in the use of AI for the
benefit of its citizens, taking into account the European framework”
Recommendations: think about collective rights over data, promote specific
governance of ethics in AI, etc.
For the banking and insurance sector, the ACPR published a discussion
paper in June 2020, “Governance of artificial intelligence algorithms in the
financial sector”.
Principles: ensure the reliability of algorithms, build an appropriate
governance, etc.

5.16 France
On August 31st 2022, “le Conseil d’Etat” published a study called
“Intelligence artificielle : construire la confiance, servir la performance”.
(Artificial Intelligence and public action: build confidence, serve the
performance).
360 pages for the implementation of a proactive artificial intelligence

deployment policy.
Principles: serving the general interest , anticipate the establishment of a
regulatory framework, particularly at European level
Provide France with appropriate resources:

train public leaders, recruit data experts and acquire necessary technical
resources.

5.16 France

5.17 France
French Strategy for AI
AI is a priority for the country, regarding research, economy, public action

modernization, ethics and regulation
French governement created a French Strategy Coordination Center,

depending from Ministry of Economics, since 2018
It has been managed by Guillaume Avrin since January 2023
The actual phase is allocated 1.5 billion euros as part of France 2030. It is
structured around three strategic pillars: support for the deep tech offer,
training and attraction talent, bringing together supply and demand for AI
solutions.

5.8 Europe
Documentation
- Decision of European parliament, on 18 June 2020 to prepare a study

on “AI Diplomacy”
- Proposal for a Directive on adapting civil liability rules to AI – 28

September 2022
- Proposal for a Regulation laying dawn harmonised rules on AI or

AI Act, 14 June 2023

5.8.1 What’s in AI Act?
Context
First legal framework
Objective: developing AI potentialities while framing human rights risks
The proposal is discussed nowadays between the trilogue understanding

the EU trilogue
Calendar: announced for the end of 2023

Application announced in 2025

Adaptability?
Large definition of AI
Evolution mechanism simplified

Content?
For AI providers, a risk approach with 4 levels of risk:
- Unacceptable -- Prohibited
- High risk – Conformity assessment
- Limited risk – Transparency obligation
- Minimal risk – No obligation
For AI users, some obligations:

- To control data input

Thank you for your mind disponibility
Sabine Marcellin

KEDGE - Legal&amp;Ethical Aspects of AI - S Marcellin - October 2023

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Legal & Ethical

aspects of artificial intelligence

Kedge Business School – October 2023

DPO (data protection officer) diplômée

Legal & Ethical aspects of AI - Sabine Marcellin 2

What do you dream that AI brings you?

Do you have a passion ?

Legal & Ethical aspects of AI - Sabine Marcellin 3

Legal & Ethical aspects of AI - Sabine Marcellin 4

Legal & Ethical aspects of AI - Sabine Marcellin 5

Advances in artificial intelligence allow machines to perform

Conditions are met for a generalized evolution of AI techniques:

Social applications of AI are sources of progress but also of risks.

Legal & Ethical aspects of AI - Sabine Marcellin 6

Will these principles take the form of legal or ethical rules?

AI represents such challenges and generates so many

Many governments and organizations have begun to reflect on

Legal & Ethical aspects of AI - Sabine Marcellin 7

Legal & Ethical aspects of AI - Sabine Marcellin 8

Legal & Ethical aspects of AI - Sabine Marcellin 10

Volonteer standards: a technical standard is a benchmark established by a standardization body

Legal & Ethical aspects of AI - Sabine Marcellin 11

- MULLER Vincent, Risks of Artificial Intelligence, CRC Press, 2022

- Artificial Intelligence and International Economic Law, Cambridge University, 2021

Legal & Ethical aspects of AI - Sabine Marcellin 12

- Conseil d’Etat, « Intelligence artificielle et action publique : construire la confiance, servir la

- Recommandation sur l’éthique de l’intelligence artificielle, UNESCO, novembre 2021

- MARCELLIN Sabine, « Encadrement de l’intelligence artificielle : les réponses essentielles »,

- NOCETTI J., « Intelligence artificielle et politique internationale, les impacts d’une

- Sous la direction de VILLANI C. « Donner un sens à l’intelligence artificielle », rapport

- Collectif, « Droit du numérique »,Ouvrage et Guide, éditions Lamy, parution annuelle

Legal & Ethical aspects of AI - Sabine Marcellin 14

- April 2023 : Chat GPT use is forbidden in Italy

- June 2023 : Great-Britain Government proposes to organize the first international AI

Legal & Ethical aspects of AI - Sabine Marcellin 16

Ethics is the disciplin of moral principles involved in human action

Ethics does not impose sanctions

The ethical character influences the attractiveness of consumers for a product or

To support AI development, should we promote ethics?

Legal & Ethical aspects of AI - Sabine Marcellin 17

The confrontation of new uses from AI to classic legal rules

The disruptive nature of AI raises many questions. Cognitive systems,

Legal & Ethical aspects of AI - Sabine Marcellin 18

- BBC News uses IA to improve weather forecast

- ClimaCell, a Bostonstart-up introduces IA for airspace

Legal & Ethical aspects of AI - Sabine Marcellin 19

- Higher production rates and increased productivity

Example: Amazon deploys more than 100,000 AI-based Kiva

Legal & Ethical aspects of AI - Sabine Marcellin 20

To respond to customer queries and grievances quickly and address

Examples: - Bank of America virtual assistant Erica is one such

Remote patient monitoring technology

At the Lariboisière Hospital in Paris, since 2022, the APHP performs

Legal & Ethical aspects of AI - Sabine Marcellin 22

VIZ.AI provides intelligent coordination for medical patient care

Doc : McKinsey – The state of AI in 2023 : Generative AI’s breakout

Honeywell quantum Solutions uses IA for financial trading

Doc : AI has power to revolutionize fraud investigations, Jan Scholtes,

Legal & Ethical aspects of AI - Sabine Marcellin 24

Defikopter are life-saving drones created by Delft University to

Legal & Ethical aspects of AI - Sabine Marcellin 25

Doc : Artificial Intelligence Applications for Industry 4.0: A Literature-

To fight against counterfeiting, analysis of images linked to

Legal & Ethical aspects of AI - Sabine Marcellin 27

KEDGE - Legal&Ethical Aspects of AI - S Marcellin - October 2023

KEDGE - Legal&Ethical Aspects of AI - S Marcellin - October 2023