EU Commission Proposes Measures to Simplify Lawsuits Involving AI Products

Posted on Feb 25, 2023 at 03:02 PM

A new AI Liability Directive was proposed by the EU Commission, aiming to ease the burden of proof for individuals seeking legal action in incidents involving AI-powered technologies. Justice Commissioner Didier Reynders said this directive would establish a legal framework suitable for the digital era. It could cover various AI-driven tools, such as self-driving cars, voice assistants, and search engines.

If passed, this directive would complement the EU's forthcoming Artificial Intelligence Act, the first law designed to regulate AI systems' usage by imposing certain limitations on their deployment. AI systems rely on large data sets to enable machines to carry out tasks that require human intelligence.

On Wednesday, 15th Feb 2023, the European Commission released the AI Liability Directive, which would establish a "presumption of causality" for individuals seeking damages resulting from injuries caused by products enabled with AI technology. Under this directive, victims would not be required to disentangle complex AI systems to substantiate their claims as long as they can demonstrate a causal connection between the harm incurred and the product's AI performance.

The European Commission defines high-risk applications of AI as those which have the potential to significantly impact a person's life or livelihood, including transportation, exam grading, and border control. The directive proposes disclosing information related to such AI-enabled products, which would give victims better access to information regarding liability while safeguarding sensitive data.

Although such provisions could make businesses unhappy, Sarah Cameron, a technology legal director at Pinsent Masons law firm, claims that the rules would clarify liability for AI-enabled products, benefiting consumers and businesses.

AI's complexity, autonomy, and opacity (the "black box effect") have hindered businesses from adopting AI. This proposal would allow for compensation claims against AI system providers or manufacturers who integrate an AI system into another product in cases where AI systems are defective and cause physical damage or data loss.

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