Activities of Kosma ZŁOTOWSKI related to 2020/2014(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on a civil liability regime for artificial intelligence
Amendments (23)
Amendment 4 #
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to Judgment of the Court (First Chamber) of 4 June 2009, Moteurs Leroy Somer v Dalkia France and Ace Europe (Case C-285/08),
Amendment 19 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas all legislative activities in the Union, related to the explicit assignment of responsibility as regards AI-systems, should be preceded by analysis and consultation with the Member States on the compliance of the proposed regulations with economic, legal and social conditions;
Amendment 20 #
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas the issue of the civil liability regime for artificial intelligence should be the subject of a broad public debate, taking into account ethical, legal, economic and social aspects, to avoid misunderstandings and unjustified fears that this technology may cause among citizens;
Amendment 31 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas legal certainty is an essential condition for the dynamic development of AI-based technology and its practical application in everyday life; whereas the user needs to be sure that potential damage caused by systems using the AI is covered by adequate insurance and that there is a defined legal route for redress;
Amendment 42 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that the challenge related to the introduction of AI-systems into society and the economy is one of the most important questions on the current political agenda; whereas technologies based on A I could improve our lives in almost every sector, from the personal sphere (e.g. personalised education, fitness programs) to global challenges (e.g. climate change, hunger and starvation)to global challenges;
Amendment 49 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Firmly believes that in order to efficiently exploit the advantages and prevent potential misuses, principle-based and future-proof legislation across the EU for all AI-systems is crucial; is of the opinion that, while sector specific regulations for the broad range of possible applications are preferable, a horizontal legal framework based on common principles seems necessary to establish equal standards across the Union and effectively protect our European values;
Amendment 52 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that the global Artificial Intelligence race is already underway and that the Union should play in it a leading role by exploiting its scientific and technological potential; strongly emphasises that technology development must not come at the expense of protecting users from damage that can be caused by devices and systems using the AI; encourages the promotion at international level of the standards on civil liability in the context of the AI developed in the Union;
Amendment 62 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that there is no need for a complete revision of the well-functioning liability regimes but that the complexity, connectivity, opacity, vulnerability and autonomy of AI-systems nevertheless represent a significant challenge; considers that specific adjustments of the liability regimes are necessary to avoid a situation in which persons who suffer harm or whose property is damaged end up without compensation;
Amendment 68 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that all physical or virtual activities, devices or processes that are driven by AI-systems may technically be the direct or indirect cause of harm or damage, yet are alwaysoverwhelmingly the result of someone building, deploying or interfering with the systems; is of the opinion that the opacity and autonomy of AI-systems could make it in practice very difficult or even impossible to trace back specific harmful actions of the AI-systems to specific human input or to decisions in the design; recalls that, in accordance with widely- accepted liability concepts, one is nevertheless able to circumvent this obstacle by making the persons who create, maintain or control the risk associated with the AI-system, accountable;
Amendment 98 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that giving legal personality to artificial intelligence is neither necessary nor desirable, as the damage caused by the functioning of this new technology can and should be attributed to the responsible producer or deployer;
Amendment 115 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recommends that all high-risk AI- systems be listed in an Annex to the proposed Regulation; recognises that, given the rapid technological change and the required technical expertise, it should be up to the Commission to review that Annex every sixthree months and if necessary, amend it through a delegated act; believes that the Commission should closely cooperate with a newly formed standing committee similar to the existing Standing Committee on Precursors or the Technical Committee on Motor Vehicles, which include national experts of the Member States and stakeholders; considers that the balanced membership of the ‘High- Level Expert Group on Artificial Intelligence’ could serve as an example for the formation of the group of stakeholders;
Amendment 117 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes that the development of technologies based on artificial intelligence is hugely dynamic and continuously accelerating; stresses that to ensure adequate protection for users, a fast-track approach is needed to analyse new devices and systems using the AI- systems that emerge on the European market, concerning potential risks; recommends Commission that all procedures in this regard should be simplified as much as possible;
Amendment 129 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses that the producer's liability for system or device based on artificial intelligence solutions should be consistently linked to the impossibility of contractually excluding civil liability in this respect - including in Businesses-to- Businesses and Businesses-to- Administration relations;
Amendment 183 #
Motion for a resolution
Annex I – part B – recital 5
Annex I – part B – recital 5
(5) Any discussion about required changes in the existing legal framework should start with the clarification that AI- systems have neither legal personality nor human conscience, and that their sole task is to serve humanity. Many AI-systems are also not so different from other technologies, which are sometimes based on even more complex software. Ultimately, the large majority of AI- systems are used for handling trivial tasks without any risks for the society. There are however alsoThere are AI-systems that are deployed in a critical manner and are based on neuronal networks and deep-learning processes. Their opacity and autonomy could make it very difficult to trace back specific actions to specific human decisions in their design or in their operation. A deployer of such an AI- system might for instance argue that the physical or virtual activity, device or process causing the harm or damage was outside of his or her control because it was caused by an autonomous operation of his or her AI-system. The mere operation of an autonomous AI-system should at the same time not be a sufficient ground for admitting the liability claim. As a result, there might be liability cases in which a person who suffers harm or damage caused by an AI-system cannot prove the fault of the producer, of an interfering third party or of the deployer and ends up without compensation.
Amendment 190 #
Motion for a resolution
Annex I – part B – recital 6
Annex I – part B – recital 6
(6) Nevertheless, it should always be clear that whoever creates, maintains, controls or interferes with the AI-system, should be accountable for the harm or damage that the activity, device or process causes. This follows from general and widely accepted liability concepts of justice according to which the person that creates a risk for the public is accountable if that risk materializes. Consequently, the risHowever, the increasing and rapid emergence of AI- systems does not pose a need for a complete revision ofis linked to the need to revise liability rules throughout the Union. Specific adjustments of the existing legislation and very few new provisions would be sufficientnot be enough to accommodate the AI-related challenges.
Amendment 266 #
Motion for a resolution
Annex I – part B – Article 2 – paragraph 2
Annex I – part B – Article 2 – paragraph 2
2. Any agreement between a deployer of an AI-system and a natural or legal person who suffers harm or damage because of the AI-system, which circumvents or limits the rights and obligations set out in this Regulation, whether concluded before or after the harm or damage has been causoccurred, shall be deemed null and void.
Amendment 268 #
Motion for a resolution
Annex I – part B – Article 2 – paragraph 3
Annex I – part B – Article 2 – paragraph 3
3. This Regulation is without prejudice to any additional liability claims resulting from contractual relationships between the deployer and the natural or legal person who suffered harm or damage because of the AI-system and that may be brought against the deployer according to Union or national law.
Amendment 295 #
Motion for a resolution
Annex I – part B – Article 3 – point g
Annex I – part B – Article 3 – point g
(g) ‘producer’ means the developer, servicer or the backend operator of an AI- system, or the producer as defined in Article 3 of Council Directive 85/374/EEC7 . _________________ 7 Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, OJ L 210, 7.8.1985, p. 29.
Amendment 344 #
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point a
Annex I – part B – Article 5 – paragraph 1 – point a
(a) up to a maximum total amount ofnot less than EUR ten million in the event of the death or of harm causeddamage to the health or physical integrity of one or severalmore persons as the result of the same operation ofresulting from the same high-risk AI-system;
Amendment 351 #
Motion for a resolution
Annex I – part B – Article 5 – paragraph 1 – point b
Annex I – part B – Article 5 – paragraph 1 – point b
(b) up to a maximum total amount not less of EUR two million in the event of damage caused to property or data, including when several items of property of one or several persons were damaged as a result of the same operation of the same high-risk AI- system; where the affected person also holds a contractual liability claim against the deployer, no compensation shall be paid under this Regulation if the total amount of the damage to property is of a value that falls below EUR 5100.
Amendment 372 #
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – point a
Annex I – part B – Article 7 – paragraph 2 – point a
(a) 105 years from the date when the property damage occurred, or
Amendment 375 #
Motion for a resolution
Annex I – part B – Article 7 – paragraph 2 – point b
Annex I – part B – Article 7 – paragraph 2 – point b
(b) 340 years from the date on which the operation of the high-risk AI-system that subsequently caused the property damage took place.
Amendment 403 #
Motion for a resolution
Annex I – part B – Article 10 – paragraph 1
Annex I – part B – Article 10 – paragraph 1
1. If the harm or damage is caused both by a physical or virtual activity, device or process driven by an AI-system and by the actions of an affected person or of any person for whom the affected person is responsible, the deployer’s extent of liability under this Regulation shall be reduced accordingly. The deployer shall not be liable if the affected person or the person for whom he or she is responsible is solely or predominantly accountable for the harm or damage caused.