Journal article
Conformity assessments and post-market monitoring: a guide to the role of auditing in the proposed European AI regulation
- Abstract:
- The proposed European Artificial Intelligence Act (AIA) is the first attempt to elaborate a general legal framework for AI carried out by any major global economy. As such, the AIA is likely to become a point of reference in the larger discourse on how AI systems can (and should) be regulated. In this article, we describe and discuss the two primary enforcement mechanisms proposed in the AIA: the <i>conformity assessments</i> that providers of high-risk AI systems are expected to conduct, and the <i>post-market monitoring plans</i> that providers must establish to document the performance of high-risk AI systems throughout their lifetimes. We argue that the AIA can be interpreted as a proposal to establish a Europe-wide ecosystem for conducting AI auditing, albeit in other words. Our analysis offers two main contributions. First, by describing the enforcement mechanisms included in the AIA in terminology borrowed from existing literature on AI auditing, we help providers of AI systems understand how they can prove adherence to the requirements set out in the AIA in practice. Second, by examining the AIA from an auditing perspective, we seek to provide transferable lessons from previous research about how to refine further the regulatory approach outlined in the AIA. We conclude by highlighting seven aspects of the AIA where amendments (or simply clarifications) would be helpful. These include, above all, the need to translate vague concepts into verifiable criteria and to strengthen the institutional safeguards concerning conformity assessments based on internal checks.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Version of record, pdf, 1019.7KB, Terms of use)
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- Publisher copy:
- 10.1007/s11023-021-09577-4
Authors
- Publisher:
- Springer
- Journal:
- Minds and Machines More from this journal
- Volume:
- 32
- Pages:
- 241–268
- Place of publication:
- Netherlands
- Publication date:
- 2021-11-05
- Acceptance date:
- 2021-10-14
- DOI:
- EISSN:
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1572-8641
- ISSN:
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0924-6495
- Pmid:
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34754142
- Language:
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English
- Keywords:
- Pubs id:
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1209058
- Local pid:
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pubs:1209058
- Deposit date:
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2022-06-06
- ARK identifier:
Terms of use
- Copyright holder:
- Mökander et al
- Copyright date:
- 2021
- Rights statement:
- © The Author(s) 2021. This article is licensed under a Creative Commons Attribution 4.0 International License, which permits use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons licence, and indicate if changes were made. The images or other third party material in this article are included in the article's Creative Commons licence, unless indicated otherwise in a credit line to the material. If material is not included in the article's Creative Commons licence and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/.
- Licence:
- CC Attribution (CC BY)
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