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Artificial Intelligence: outline of draft law containing provisions and delegation to the government

published on 27 May 2024 | reading time approx. 7 minutes

On 23 April, the Council of Ministers approved a draft law (DDL) for the introduction of domestic provisions in relation to certain crucial aspects connected to the use of Artificial Intelligence systems, with particular reference to those sectors in which such use could have a significant social and economic impact.

The DDL then contains the delegation of powers to the Government, in continuity with and to complement the European Regulation on Artificial Intelligence (AI Act), soon to be published.

Among the most interesting provisions of the DDL are the following:

Overall principles

The DDL states that research, experimentation, development, adoption, application and use of Artificial Intelligence systems and models shall take place in accordance with the fundamental rights and freedoms enshrined in the Constitution, European Union law and the principles of transparency, proportionality, security, protection of personal data, confidentiality, accuracy, non-discrimination, gender equality and sustainability.

Furthermore, the development of Artificial Intelligence systems and models must take place on data and through processes whose correctness, reliability, security, quality, appropriateness and transparency must be guaranteed and monitored, according to the principle of proportionality in relation to the fields in which they are used.

Artificial intelligence systems and models must be developed and applied with respect for human autonomy and decision-making power, prevention of harm, knowability, and explainability. Therefore, human control is fundamental.

Finally, cybersecurity throughout the lifecycle of Artificial Intelligence systems and models must be ensured as an essential precondition, according to a proportional and risk-based approach, as well as the adoption of specific security controls, also in order to ensure their resilience against attempts to alter their use, intended behaviour, performance or security settings.

Principles on information and confidentiality of personal data

The use of AI systems in information must be without prejudice to the freedom and pluralism of the media, freedom of expression, objectivity, completeness, impartiality and fairness of information.

In any case, the use of Artificial Intelligence systems must guarantee the lawful, correct and transparent processing of personal data and compatibility with the purposes for which they were collected, in compliance with privacy regulations.

In full compliance with the principle of transparency, information and communications relating to data processing connected with the use of Artificial Intelligence systems must be provided in clear and simple language, so as to ensure that the user is fully aware of and has the right to object to improper processing of his or her personal data.

Minors

The DDL provides that access to Artificial Intelligence technologies by minors under the age of fourteen requires the consent of those exercising parental responsibility. Minors under the age of eighteen, who have reached the age of fourteen, may express their consent for the processing of personal data related to the use of Artificial Intelligence systems, provided that the information is easily accessible and understandable.

Use of Artificial Intelligence in specific sectors: healthcare, labour and intellectual performance

The DDL then includes some provisions to regulate the use of Artificial Intelligence in certain sectors, such as:

The health sector. In particular, the text states that the introduction of Artificial Intelligence systems in the healthcare system cannot select and condition access to healthcare services with discriminatory criteria. The person concerned also has the right to be informed about the use of Artificial Intelligence technologies and the advantages, in diagnostic and therapeutic terms, deriving from the use of the new technologies, as well as to receive information on the decision-making logic used. Finally, the Artificial Intelligence systems used in healthcare and the related data used must be reliable and periodically checked and updated in order to minimise the risk of errors;
The employment sector. The DDL also regulates the use of Artificial Intelligence in the workplace, stating that it must be safe, reliable, transparent, and may not be carried out in violation of human dignity or violate the confidentiality of personal data. The employer or principal is required to inform the worker of the use of Artificial Intelligence in the cases and in the manner set out in Article 1-bis of Legislative Decree No 152 of 26 May 1997. Finally, Artificial Intelligence in the organisation and management of the employment relationship guarantees the observance of the inviolable rights of the worker without discrimination based on gender, age, ethnic origin, religious beliefs, sexual orientation, political opinions and personal, social and economic conditions, in accordance with European Union law;
On intellectual professions, the DDL provides that the use of Artificial Intelligence systems in the intellectual professions is permitted only to carry out activities that are instrumental and supportive of the professional activity and with the prevalence of the intellectual work being performed. In order to ensure the relationship of trust between the professional and the client, information on the Artificial Intelligence systems used by the professional shall be communicated to the recipient of the intellectual service in clear, simple and exhaustive language.

Lastly, the DDL identifies the national Artificial Intelligence Authorities for the purposes of the AI Act in two governmental and already existing Authorities, namely the Agency for Digital Italy (AgID) and the Agency for National Cybersecurity (ACN). Both Authorities will have to coordinate and collaborate with other public administrations and independent authorities and, to this end, a Coordination Committee will be established at the Prime Minister's Office.

Copyright

The DDL provides for the introduction of provisions concerning the identification of textual, photographic, audiovisual and radio content generated or modified by artificial intelligence systems. In particular, any information content disseminated by audiovisual and radio service providers through any platform in any mode including video on demand and streaming that, after obtaining the consent of the rights owners, has been, through the use of artificial intelligence systems, completely generated or, even partially, modified or altered in such a way as to present as real data, facts and information that are not, must be rendered, by the author or the owner of the rights of economic exploitation, if different from the author, clearly visible and recognisable by users by means of the insertion of an identifying element or sign, even in watermark or embedded marking provided that it is clearly visible and recognisable, with the acronym 'IA', or, in the case of audio, by means of audio announcements or technologies suitable to allow recognition.

Furthermore, the DDL amends some articles of the copyright law (22.4.1941 no. 633), providing for the protection of works of human genius of a creative nature belonging to literature, music, figurative arts, architecture, theatre and cinematography, "even where generated with the aid of Artificial Intelligence tools as long as the human contribution is creative, relevant and demonstrable". The proposal therefore includes works generated with the help of artificial intelligence tools in the protection, postulating the new criterion of the “relevance” of the human contribution over that of the machine.

Penalties

Lastly, the DDL provides for a series of measures to punish crimes committed through the use of artificial intelligence systems more severely. First of all, a specific aggravating circumstance for the use of Artificial Intelligence systems: if it is used in an insidious manner or hinders public or private defence, or aggravates the consequences of a crime, the penalty is increased.

In order to have a clearer picture of the Artificial Intelligence regulation, we must now wait, from a local perspective, for the Italian Parliament to introduce the DDL into our legal system and, from a European perspective, for the AI ACT to be published in the Official Journal of the European Union. And thereafter, it will be necessary for all organisations to take steps to update their processes - through dedicated risk analyses - to the new legislation.