Transparency Requirements for Low-Risk AI Systems under the AI Act

User’s Legal Question

How is transparency defined in the AI Act, and what transparency requirements apply to low-risk AI systems?

Understanding the Legal Question

The question concerns how the concept of transparency is delineated within the framework of the EU AI Act, particularly in relation to low-risk AI systems. The user seeks clarity on the obligations and provisions mandated by the Act for such systems. The inferred goal is to understand compliance requirements regarding transparency for AI systems that are deemed low-risk.

Ambiguities in the Legal Question

1. ’Low-risk’ Definition: The term “low-risk” AI systems is not a defined category within the AI Act, and it may require interpretation based on the context provided by the Act’s classifications.

2. Scope of ‘Transparency’: It is not clear if the user is asking about transparency in the design and development process, the AI system’s decision-making process, or the manner in which AI interacts with users.

Assumptions for the Legal Analysis and the Plan for the Junior Lawyer

Note: The junior lawyer is what we call a subsystem of Hotseat that completes helper tasks

1. ’Low-risk’ Definition: For the purpose of this analysis, we will assume “low-risk” AI systems are those not explicitly classified as high-risk within Annex III of the AI Act or outlined in Article 5’s prohibitions.

2. Scope of ‘Transparency’: We will assume ‘transparency’ refers to all aspects relevant to the regulation—development, data gathering, algorithmic decision-making, and user interaction.

3. Applicability of EU AI Act: Given the context, we will assume that the AI systems in question fall within the scope of the EU AI Act and are intended for use within the European Union.

Plan for the Junior Lawyer:

1. Understanding Transparency in the AI Act:

   • Analyze how ‘transparency’ is conceptualized throughout the AI Act by examining sections where the term is explicitly mentioned or implied.

2. Assessing the Classification of AI systems:

   • Gain an understanding of the risk-based classification system of AI products outlined in the AI Act. Specifically, look at Article 6 and Annex III to discern how ‘low-risk’ systems are differentiated from ‘high-risk’ ones.

3. Transparency Obligations for AI Systems:

   • Review the general transparency obligations that apply to all AI systems, regardless of risk classification, to determine the baseline requirements.

4. AI Systems with Specific Transparency Requirements:

   • Investigate if there are particular provisions in the Act, such as those in Title IV or Recitals that could relate to transparency and user information for ‘low-risk’ AI systems.

5. Analyzing Subtle References to Transparency:

   • Review provisions that may not use the word ‘transparency’ explicitly but imply obligations related to it, such as user information and data governance principles.

6. Summarizing Transparency Requirements:

   • Compile findings into a summary that outlines general transparency obligations and specific or implied requirements for ‘low-risk’ AI systems.

7. Prepare a Report:

   • Prepare a comprehensive report on the transparency requirements for low-risk AI systems as defined by the AI Act. Include any Recitals or Articles that may indirectly contribute to the understanding of transparency obligations.

Definitions and Terms from the EU AI Act:

• Transparency: Relates to the clear and open provision of information about AI systems’ functionality, capabilities, and decision-making processes to users and stakeholders.
• High-risk AI System: An AI system that presents significant risks to health, safety, or fundamental rights, categorized under Annex III or Article 5 of the EU AI Act.
• Low-risk AI System: In this context, an AI system that does not fall under the definitions of high-risk or prohibited AI systems outlined in the AI Act.

Question Clarity Rating

Somewhat clear

Clarity Rating Explanation

The original question is somewhat clear because it indicates that the user is informed about the AI Act’s distinction between various risk levels for AI systems. The user’s interest in understanding the transparency requirements hints at a direct need related to handling a low-risk AI system. However, the question lacks specifics about the type of AI system or application in question and the particular interests of the user, which could range from using such systems, developing them, or studying them from a legal or academic standpoint. The question necessitates significant assumptions to fully tailor the response to the AI Act’s broad scope and the possible intricacies involved.