[co-author: Christina Barone, Public Policy Specialist]

Last week, the European Parliament approved a resolution calling on the EU Commission (Commission) to protect individuals’ rights in the context of artificial intelligence (AI) and automated decision-making (ADM). The resolution will now go to the EU Counsel and Commission, just before the Commission’s announcement on the European approach to AI, scheduled to take place on February 19.

The Resolution calls for stronger human oversight of AI and ADM and for rights to protect consumers. Among other things, the Resolution suggests that consumers should be properly informed about how such systems function, how to reach a human with decision-makings powers and how the system’s decisions can be checked and corrected. It also calls for the use of only high-quality and unbiased data sets and “explainable and unbiased algorithms.” Consumers should have recourse to seek redress for automated decisions where appropriate.

The Resolution calls for a risk-based approach to AI and ADM, and for a common European Union approach to related issues. It goes on to make specific recommendations with regard to the potential interaction of AI and ADM with various European directives, including the Product Liability Directive.

It remains to be seen whether or how the Commission may take the Resolution into account in releasing its own plans for an EU approach to AI. The Akin Gump cross-practice AI team continues to actively monitor forthcoming domestic and global initiatives related to AI, including as European AI laws begin to take shape.