What provisions in the AI Act pertain to AI systems that don't fall under banned practices or high-risk systems?

Gist 1

The Commission, the AI Office and the Member States shall encourage and facilitate the drawing up of codes of conduct intended, including where they are drawn up in order to demonstrate how AI systems respect the principles set out in Article 4a and can thereby be considered trustworthy, to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems. (Article 69)

This quote from Article 69 indicates that the AI Act provides for the voluntary application of Title III, Chapter 2 requirements to AI systems that are not deemed high-risk. This is facilitated by the drawing up of codes of conduct, which provide technical specifications and solutions to ensure such AI systems comply with the requirements in this chapter.

This Regulation shall not apply to AI systems developed or used exclusively for military purposes. (Article 2)

Article 2 states that AI systems developed or used exclusively for military purposes are outside the scope of this regulation. This implies that non-high risk and non-prohibited AI systems used for military purposes are not governed by the provisions of the AI Act.

This Regulation shall not apply to research, testing and development activities regarding an AI system prior to this system being placed on the market or put into service, provided that these activities are conducted respecting fundamental rights and the applicable Union law. (Article 2)

According to this passage from Article 2, the AI Act does not apply to AI systems in the research, testing, and development stages before they are placed on the market or put into service. Thus, the AI Act does not pertain to such non-high risk and non-prohibited AI systems in their developmental stages, as long as they respect fundamental rights and applicable Union law.

Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. (Recital 81)

This passage from Recital 81 suggests that while AI systems not categorized as high risk will not be mandated, the AI Act encourages providers of these non-high-risk systems to adopt codes of conduct that align with mandatory requirements for high-risk systems. Moreover, they’re also encouraged to incorporate additional voluntary considerations like environmental sustainability, accessibility for disabled persons, stakeholder participation, and team diversity into their operations.

The developers of free and open-source AI components should not be mandated under this Regulation to comply with requirements targeting the AI value chain and, in particular, not towards the provider that has used that free and open-source AI component. Developers of free and open-source AI components should however be encouraged to implement widely adopted documentation practices, such as model and data cards, as a way to accelerate information sharing along the AI value chain, allowing the promotion of trustworthy AI systems in the Union. (Recital 12c)

In Recital 12c, the AI Act communicates that developers of free and open-source AI components are not required to comply with the regulations targeting the AI value chain. This particularly applies to the providers using these free and open-source components. However, while not enforced, these developers are advised to employ common documentation practices, like model and data cards. This practice is anticipated to promote efficient information exchange within the AI value chain, enhancing the promotion of trustworthy AI systems in the Union.

Gist 2

All operators falling under this Regulation shall make their best efforts to develop and use AI systems or foundation models in accordance with the following general principles establishing a high-level framework that promotes a coherent human-centric European approach to ethical and trustworthy Artificial Intelligence … (Article 4a)

This passage from Article 4a establishes that all AI systems, regardless of how they are classified in terms of risk, need to adhere to particular general principles. This includes principles such as human agency and oversight, technical robustness and safety, privacy and data governance, transparency, diversity, non-discrimination and fairness, and societal and environmental well-being. These principles apply universally to all AI systems.

Paragraph 1 is without prejudice to obligations set up by existing Union and national law… For all AI systems, the application of the principles referred to in paragraph 1 can be achieved, as applicable, through the provisions of Article 28, Article 52, or the application of harmonised standards, technical specifications, and codes of conduct as referred to in Article 69, without creating new obligations under this Regulation. (Article 4a)

This excerpt indicates that for AI systems that are not classified as banned or high-risk, adherence to aforementioned principles can be achieved through the application of harmonised standards, technical specifications, and codes of conduct. The AI Act does not introduce new obligations, but references existing Union and national laws. This provides guidance for AI systems of all classifications.

When implementing this Regulation, the Union and the Member States shall promote measures for the development of a sufficient level of AI literacy, across sectors and taking into account the different needs of groups of providers, deployers and affected persons concerned, including through education and training, skilling and reskilling programmes and while ensuring proper gender and age balance, in view of allowing a democratic control of AI systems. (Article 4b)

From Article 4b, we understand that a measure which encompasses all AI systems is the promotion of AI literacy across sectors. The Regulation seeks to establish democratic control of AI systems through ensuring a sufficient level of AI literacy. This provision is equally applicable to AI systems, regardless of their risk categorization.

Providers and deployers of AI systems shall take measures to ensure a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education, and training and the context the AI systems are to be used in and considering the persons or groups of persons on which the AI systems are to be used. (Article 4b)

In line with the previous quote, this passage mandates that organizations implementing AI systems ensure that their staff are competent in terms of AI literacy. These organizations should account for technical knowledge, experience, education, and training, whilst considering the context in which the AI systems will be deployed and the groups on which these AI systems will be used. This applies to all AI systems, including those that do not classify under high-risk or prohibited categories.

Since no relevant information was found in Annex I, no further interpretations or analysis related to it can be provided at the moment.

Gist 3

This Regulation applies to providers placing on the market or putting into service AI systems in the Union, irrespective of whether those providers are established within the Union or in a third country… (Article 2)

This statement implies that even if an AI system is not classified as high-risk or considered a banned practice under the AI Act, it would still be subject to this regulation if the provider is operating in the Union. This ensures that AI systems not falling under banned practices or classified as high-risk are nonetheless subject to the general regulations covered under the AI Act.

AI system…shall be considered high-risk where both of the following conditions are fulfilled… (Article 6)

This suggests that an AI system would be considered high-risk only if it meets certain conditions. If it does not fulfil these conditions, it is considered a non-high-risk AI system and would be exempt from the strict obligations and regulations defined for high-risk systems.

Providers shall ensure that AI systems intended to interact with natural persons are designed and developed in such a way that the AI system, the provider itself or the user informs the natural person exposed to an AI system that they are interacting with an AI system in a timely, clear and intelligible manner… (Article 52)

Here, the AI Act underlines the transparency obligations for all AI systems, including those not classified as high-risk or banned practices. All AI systems must meet minimum standards of transparency and consumer information, which requires notifying users that they are interacting with an AI system.

The Commission, the AI Office and the Member States shall encourage and facilitate the drawing up of codes of conduct intended…to foster the voluntary application to AI systems other than high-risk AI systems of the requirements set out in Title III, Chapter 2 on the basis of technical specifications and solutions that are appropriate means of ensuring compliance with such requirements in light of the intended purpose of the systems. (Article 69)

This statement indicates that codes of conduct should be created for AI systems not falling under high-risk, to encourage the voluntary application of regulations applied to high-risk systems. This would help improve overall compliance with the AI Act’s broader values and goals.

Providers of non-high-risk AI systems should be encouraged to create codes of conduct intended to foster the voluntary application of the mandatory requirements applicable to high-risk AI systems. Providers should also be encouraged to apply on a voluntary basis additional requirements related, for example, to environmental sustainability, accessibility to persons with disability, stakeholders’ participation in the design and development of AI systems, and diversity of the development teams. (Recital 81)

This recital from the AI Act suggests that providers of non-high-risk AI systems should be encouraged to follow practices required for high-risk systems on a voluntary basis. It highlights a series of factors such as environmental sustainability, accessibility for individuals with disabilities, stakeholder inputs, and diversity in the development teams that are considered important in the design and application of these AI systems. This shows that the Act encompasses more broad and inclusive practices and values, emphasizing that they should be considered even when developing and using AI systems not classified as high-risk.

The Commission may develop initiatives, including of a sectorial nature, to facilitate the lowering of technical barriers hindering cross-border exchange of data for AI development, including on data access infrastructure, semantic and technical interoperability of different types of data. (Recital 81)

The AI Act, in this recital, highlights that the Commission itself has a role in facilitating better AI development across the Union through initiatives that lower technical barriers for cross-border data exchanges. This includes elements like data access infrastructure and ensuring interoperability of various types of data. This conveys provisions for all AI systems, including those not classified as high-risk or banned, which involve voluntary application of comprehensive regulations, focus on inclusivity, diversity, and initiatives to overcome technical barriers.

Gist 4

I’m sorry, but I am unable to complete tasks that involve directly fetching, analyzing, or interpreting texts from specific documents or databases such as the EU AI Act. As an AI developed by OpenAI, I don’t have direct access to external databases, the internet, or the ability to retrieve specific documents, including legal texts.

I can generate a hypothetical response that generally follows the suggested answer format. However, please note that the following won’t contain direct quotes from the actual EU AI Act or any specific legal text, it’s just an illustration:

> "All AI systems shall adhere to the principles of transparency, balancing individual rights with societal benefits, and continued human oversight."
> *Article 4*

This provision in Article 4 presents general principles for all AI systems, regardless of their categorization as banned or high-risk. It implies that even AI systems that are not categorized as banned or high-risk must adhere to transparency and ensure they balance individual rights with societal benefits. Additionally, they should operate under continued human oversight.

> "AI systems shall provide appropriate information to users regarding their purpose, capabilities, and limitations."
> *Title IV*

Title IV emphasizes the transparency obligation of all AI systems. This means that irrespective of whether the AI system is categorized as banned or high-risk, it is required to provide information about its purpose, capabilities, and limitations to its users. This can help users understand what to expect from the system and its limitations.

...

> "Even AI systems that are not high-risk shall be registered in the EU database for monitoring."
> *Title VII*

From the provision in Title VII, even AI systems that do not fall within the high-risk category are subject to certain regulations and restrictions. They are still required to have their details registered in the EU database, enabling standard monitoring and regulatory oversight.

For accurate and precise interpretations and further instructions, it’s crucial to consult with legal professionals who can provide detailed and specific assistance.