ABSTRACT
The European Union’s Artificial Intelligence Act takes a so-called risk-based approach to regulating artificial intelligence. In addition to being celebrated by industry, this risk-based approach is likely to spread due to the ‘Brussels Effect’ whereby EU legislation is taken as a model in other jurisdictions around the world. This article investigates how the AI Act’s risk-based approach works, how it deviates from previous ‘rights-based’ approaches, such as that of the General Data Protection Regulation (GDPR), and why this move away from a rights-based approach undermines the AI Act’s ability to provide effective protection for human rights in the context of AI systems.
Daniel Leufer and Fanny Hidvegi, The Pitfalls of the European Union’s Risk-Based Approach to Digital Rulemaking, 71 UCLA Law Review – In Discourse 156 (21 May 2024).
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