In the contemporary global legal landscape, the subject of Artificial Intelligence (AI) discrimination is increasingly gaining momentum and warranting scrutiny. A prime example of this is the impending EU Artificial Intelligence Regulation, which aims to establish a comprehensive framework regulating the use of AI systems. Under this upcoming regulation, acts of discrimination and discriminatory bias perpetrated by AI systems will not be tolerated and will be liable to fines.
However, while the EU Artificial Intelligence Regulation is a considerable step forward in governing AI operations, it remains in the draft phase. Owing to this, there will likely be a number of years before the prohibitions become actionable and legally enforceable. Could this mean that in the meantime, AI discrimination remains unpunishable – free from fines or compensation obligations? The case in Spain seems to contradict this assumption.
In a recent perspective published on JDSupra, international law firm, Hogan Lovells, dives into this very issue.
Though the EU Artificial Intelligence Regulation will indeed hold other AI systems to high regulatory standards, it appears that the Spanish legal landscape might not offer ‘unregulated’ hours for AI discrimination. The issue of AI discrimination, even in the absence of an approved AI Regulation, is not devoid of potential legal repercussions in Spain.
This highlights the intricate and complex relationship between technology and law, reiterating the need for ongoing vigilance, adaptation, and evolution within legal practices to ensure equitable outcomes under these fast-evolving frameworks.