Activities of Josianne CUTAJAR related to 2020/2014(INL)
Shadow opinions (1)
OPINION with recommendations to the Commission on civil liability regime for artificial intelligence
Amendments (15)
Amendment 11 #
Draft opinion
Recital C
Recital C
Amendment 14 #
Draft opinion
Recital D a (new)
Recital D a (new)
D a. whereas technological development in AI should remain human- centric and products and applications using AI should be conducive to human growth and a good quality of life;
Amendment 15 #
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that AI can be applied at different levels in vehicles and on transport infrastructure and has an important impact on their autonomy and consequently on civil liability; calls for EU wide clear definitions for all types of vehicles and infrastructure running AI software and a corresponding risk classification to support a liability mechanism in clarifying issues of responsibility.
Amendment 18 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to develop an EU wide civil liability mechanism for AI applications in transport, with the objective of setting clear criteria for the establishment of liability to avoid a counterproductive fragmented case-by-case approach in different Member States.
Amendment 27 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that smart cities will manage traffic through AI based systems, constantly communicating with vehicles, drones, automated machinery, and infrastructure; deems essential that a new civil liability regime for AI is designed to factor in all possible risks emerging from such new digital interactions between infrastructure and vehicles of all categories.
Amendment 28 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Draws attention to the increased use of unmanned aerial vehicles (UAVs) for commercial uses including, but not limited to, surveillance, site inspection, photography and parcel delivery; notes that such increase in use, particularly in urban areas, will continuously test the civil liability regime in place.
Amendment 34 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights the fundamental role the precautionary principle, enshrined in article 191 of the Treaty on the Functioning of the European Union (TFEU), holds for risk analysis and risk management; urges for the respect of such principle to ensure the highest level of protection for citizens, consumers and users in the deployment of AI systems in high-risk sectors.
Amendment 37 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines that for AI-related applications with a specific high-risk profile, there is a need for a risk-based approach depending on the levels of automation; recalls the need for mandatory legal requirements for AI applications in high risk sectors in transport as noted in the EC White Paper on AI1a;highlights the need for such requirements to be commonly harmonised across the EU to ensure the highest level of product safety and the minimum level of risk for users while operating AI systems. _________________ 1a https://ec.europa.eu/info/sites/info/files/co mmission-white-paper-artificial- intelligence-feb2020_en.pdf
Amendment 47 #
Draft opinion
Paragraph 6
Paragraph 6
6. Emphasises the need to guarantee the samehighest level of product safety as that currently existing, to ease the remedy to victims of accidents, to avoid increasing current litigation costs; and to avoid legal uncertainty, especially for businesses that are marketing their products in the EU and globally; reminds that under current product safety regulations, the producer remains liable unless proven otherwise, while the burden of proof is on the producer; stresses that this principle should be equally applied to AI products;
Amendment 55 #
Draft opinion
Paragraph 8
Paragraph 8
8. Notes that there is a need to deploy event recordersing technology enabling any decision influencing the development of the product to be traced back to a natural person, determining responsibility, for use in the event of severe accidents, in full respect of data protection and privacy law;.
Amendment 56 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
Amendment 62 #
Draft opinion
Paragraph 11
Paragraph 11
11. Notes that automated vehicles deal with variable signals and conditions; calls as a result for a regular update of digital maps, traffic management systems and data sharing rules providing a compulsory minimum set of information about the road network;
Amendment 67 #
Draft opinion
Paragraph 12
Paragraph 12
12. Asks the Commission to present guidelines to avoid fragmented regulatory approaches at national level, taking into consideration the Product Liability Directive and existing national liability regimes; emphasizes how the aforementioned fragmentation will be extremely damaging for the development of such technologies and for the competitiveness of EU businesses and SMEs.
Amendment 69 #
Draft opinion
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes the tremendous potential AI vehicles hold for persons with disability and reduced mobility, increasing their participation in individual road transport and improving their quality of life; stresses the need for high scrutiny under an EU civil liability regime for AI products in ensuring the safety of persons with disability and reduced mobility.
Amendment 70 #
12 b. Calls for the establishment of a compensation fund pooled in by manufacturers, guaranteeing against damages, especially in relation to AI- related applications with a specific high- risk profile.