In order to contribute to the European discussion on future regulation of AI in the EU, the Czech Republic prepared a non-paper titled “Regulatory Framework for Artificial Intelligence in the European Union“.

In this non-paper, the Czech Republic emphasizes that “securing the safety of citizens is the very precondition for the true implementation of fundamental human rights and freedoms”.

The non-paper formulates three principles on which the future regulation should be based:

  • Enabling research and development by refraining from initial overregulation
  • Emphasizing self-regulation and soft-law based on best practices
  • Defining the horizontal red lines as a means of ensuring the protection of fundamental rights as well as legal certainty

With regard to the red lines, the non-paper suggests the following:

  • Assessment and consultation of potentially most abusive misuse of AI with stakeholders, namely facial recognition systems (a time-limited moratorium is proposed instead of an eventual unlimited ban on this technology)
  • Prohibition of social credit scoring systems that interfere with fundamental human rights
  • With regard to liability, limitation of damages in specific areas to a specified amount
  • Prohibition of use of systems that can recognize and manipulate users’ emotions (with exceptions for medical and research purposes)
  • Establishment of auditing, certification and risk assessment systems for AI
  • Introduction of the right to switch off an AI system unless a user is clearly informed beforehand that the AI cannot be switched off.