EU Commission’s allows AI providers to draft their own codes of practice
The European Commission is set to allow providers of ChatGPT-like AI models to draft their own Codes of Practice, with civil society having a consultative role. This decision has raised concerns among civil society organizations about the potential for an industry-led process that may not adequately protect the safety and fundamental rights of EU citizens. The Codes of Practice are a significant component of the AI Act, designed to ensure compliance until harmonized standards are established. The Commission may grant these codes general validity within the EU through an implementing act.
The drafting process will be overseen by the Commission’s Directorate-General for Communications Networks, Content and Technology (DG CNECT), which has already initiated a mini-competition under an existing framework contract. The task of drafting the codes will be outsourced to an external firm, which will manage the process, including stakeholder consultations and the establishment of working groups. The timeline for this task is set at nine months from the AI Act’s entry into force, with the Act expected to come into force in early August.
Civil society’s involvement in the drafting process remains a contentious issue. Although the AI Act mentions that providers, civil society, and academia “may” participate, it appears the primary drafting responsibility will fall on the providers, with other stakeholders participating through consultations. The exact nature of these consultations is still unclear, but they may involve calls for opinions or observer status in meetings. The Commission has announced that a call for expressions of interest will soon outline the specific ways stakeholders will be involved.
The AI Act’s implementation has faced criticism, particularly regarding the independence of national authorities tasked with enforcement and the appointment process for the AI Office. Concerns have been raised about the lack of transparency and the potential for an unfaithful implementation of the Act. The Commission has been urged to clarify these roles and ensure a diverse range of stakeholders are involved in the drafting process to safeguard the interests of EU citizens.
Source: Inside the EU Commission’s rush to build codes of practice for general purpose AI
