chatbots

Spanish Agency for the supervision of Artificial Intelligence

The proposal for the European Regulation on Artificial Intelligence places a particular emphasis on Governance. Which is regulated in its title VI. In this title, a series of control bodies are established, one of which relates to the obligation to designate Artificial Intelligence Supervisory Authorities in each Member State.

For this reason, the following laws have been cited as the background for its creation:

In the one hundred and thirtieth additional provision of Law 22/2021, of 28 December, on General State Budgets. The creation of the  (AESIA) was established. The Agency is defined as having full organic and functional independence and that it must carry out measures to minimise significant risks to the safety and health of people. As well as to their fundamental rights, risks that may arise from the use of artificial intelligence systems.

Law 28/2022, of 21 December, to promote the ecosystem of emerging companies, known as the Startup Law. Also provides for the creation of the AESIA  in its seventh additional provision.

Lastly, Royal Decree 729/2023, of 22 August, on the Statute of the Spanish Agency for the Supervision of Artificial Intelligence provides for its effective implementation with the constitution of the governing council. Within a maximum period corresponding to the entry into force of this royal decree.

Lastly, on 7 December 2023, the Secretary of State for Digitalisation and Artificial Intelligence published the names of the members of the Governing Council. Thus establishing this ground-breaking Agency. The creation of this Agency means that Spain becomes the first European country to have an authority with these characteristics and it anticipates the entry into force of the European Regulation on AI.

This Agency, based in Galicia, will not be the only national authority. Since the proposal for the European Regulation on Artificial Intelligence states that Member States will have to designate competent national authorities and select a national supervisory authority among them.

Functions of AESIA

  • Oversee compliance with applicable regulations in the scope of Artificial Intelligence. Having the power to impose penalties for possible violations thereof.
  • Promote testing environments that enable AI Systems to be correctly adapted to reinforce user protection and avoid discriminatory biases. For this reason, Royal Decree 817/2013, establishing a controlled testing environment for assessing compliance with the proposal of the European Regulation on Artificial Intelligence was published on 8 November 2023.
  • Strengthen trust in technology, through the creation of a voluntary certification framework for private entities. Which makes it possible to offer guarantees on the responsible design of digital solutions and ensure technical standards.
  • Create knowledge, training and dissemination related to ethical and humanistic artificial intelligence to show both its potential and opportunities for socioeconomic development. Innovation and the transformation of the productive model, as well as the challenges, risks and uncertainties posed by its development and adoption.
  • Stimulate the market to boost innovative and transformative practical initiatives in the scope of AI.
  • Help to implement programs in the scope of Artificial Intelligence through agreements. Contracts or any other legally binding instrument to support the implementation of Artificial Intelligence programs.

Comparisions with the Spanish Data Protection (AEPD)

In general, these two authorities have similar functions. Although each in its own field. In France, its data protection authority, CNIL, will be the one to have the powers of the Supervisory Authority within its borders.

Even then, AESIA and AEPD cannot be compared since the presidency of the Governing Council is the responsibility of the Secretary of State for Digitalisation and Artificial Intelligence. Who will directly propose who will be the general director of AESIA, whereas the Statute of the AEPD appoints its positions by parliamentary agreement.

 

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One step closer to regulating artificial intelligence in Europe

A few days ago, the news broke about the provisional agreement on the European Artificial Intelligence Act. After negotiations took place between the Council and the European Parliament.

It is the Proposed European Regulation laying down harmonised rules on artificial intelligence, prepared by the European Commission on 21 April 2021.

After this proposal was presented, the Council agreed on its position regarding the Regulation on 6 December 2022. And on 9 December 2023, the Council and the Parliament were finally able to reach an agreement on it.

1.Timeline

 

2. AIM of the artificial intelligence regulation

The new regulation represents a paradigm shift in the EU, but it will also impact the rest of the world, as was the case with the Data Protection Regulation, since it applies to:

  • Providers placing on the market or putting into service AI systems in the Union, irrespective of their location.
  • Users of AI systems located within the Union.
  • Providers and users of AI systems that are located in a third country, where the output information produced by the system is used in the Union.

This regulation has a number of main aims:

  • Create harmonised rules for the placing on the market, the putting into service and the use of Artificial Intelligence systems in the entire Union.
  • Prohibitions of certain AI practices.
  • Requirements for High Risk systems and obligations for operators of such systems.
  • Transparency requirements.
  • Rules on market monitoring and surveillance.

These aims focus on risk and ranges from complete prohibition to certain obligations.

It establishes practices that are completely prohibited in order to protect the rights and liberties of citizens, such as:

Following the approach on risk, the prohibited practices are followed by a classification of high-risk systems. For which conditions are set forth so that these systems are more viable from a technical perspective and are a smaller burden for the interested parties. The requirements are as follows:

Another notable aspect includes generative AI systems, which must comply with transparency criteria. These include clearly specifying when a text, song or photograph has been created using AI.

3.Penalties

The text also establishes a series of penalties for non-compliance with the guidelines, which the Member State must apply. This means they must notify the established penalty regime. These may reach:

  • Administrative fines up to 30 M or 6% of the total worldwide annual turnover for the preceding financial year (non-compliance with the prohibition of prohibited practices).
  • Administrative fines up to 20 M or 4% of the total worldwide annual turnover for the preceding financial year, for non-compliance with any requirement set forth in the regulation.

4. Artificial intelligence and GDPR

Whenever Artificial Intelligence Systems handle personal data, they must comply with all the provisions of the personal Data Protection Regulation: duty of information, basis for legitimacy, principles, etc.

One of the problems that may arise is that today AI commonly uses large amounts of personal data, and in order to comply with the provisions of the GDPR, it uses anonymised data.

With regards to anonymised data, GDPR does not apply but taking into account the significant technological advances that take place every day, the anonymised data of today may be pseudonymised tomorrow, which must comply with the requirements of the data protection regulation.

Another requirement for AI systems that handle personal data is the obligation to carry out a Data Protection Impact Assessment since it meets requirements that mean it must be performed: as innovatively used technology, mass data handling, etc.

chatbots

Why use Artificial Intelligence chatbots

Artificial Intelligence is revolutionising the world to such an extent that many sectors are considering it as an option in the not-too-distant future when it comes to people in the workforce. In fact, talking with AI chatbots has become common in many companies and services for some time now.  

An AI chatbot is a robot capable of talking to customers, almost as if it were human. The online chatbot’s ability to provide quick responses, automate repetitive tasks, and personalise customer interactions has made it a very popular tool.

To give you an idea, according to an Accenture study, 43% of organisations report that their competitors are already implementing chatbots. The same study disclosed that 91% of companies that implemented AI chatbots expect to see a return on investment (ROI) of 1x to 5x in the first 12 months. Moreover, implementing chatbots as a customer service resource entails certain advantages.

Advantages of using Artificial Intelligence chatbots

  • They reduce the burden of repetitive tasks on agents and improve user satisfaction.
  • They offer 24/7 support.
  • Multitasking ability.
  • Increased productivity.
  • Personalised attention.
  • Improved internal communication based on data.

But how is an AI chatbot configured? First, it is important to identify key problems, establish the context, design a workflow, and personalise messages. Optimisation will come later, with interaction in real situations.

Creating AI chatbots

Do not worry if you are not very familiar with the technology. Many conversational solutions providers have ready-to-use AI chatbots. On the other hand, if you already have additional experience, you can completely adapt the online chatbot to your needs.

Whatever your case may be, it is important to follow a five-step flow:

  1. Identify the problems you want to solve: What questions do customers ask the most? At what time? Through which channel? You need this information to configure your AI chatbot.
  2. Establish the necessary context level: How much and what types of data does the AI chatbot need to answer these questions? Are they updated? What type of access or integration does the AI chatbot need to fully function?
  3. Design the conversational flow between chatbots and agents: If a customer has a more complicated request, how will the conversation be transferred to a human agent? What are the criteria for distributing demand among the team?
  4. Write personalised messages: When a customer uses your AI chatbot, how do you make them feel special? Will the AI chatbot greet the person by their name?
  5. Optimise the chatbot based on interactions: After a few weeks of using the online chatbot, what went well? What can be improved?

Always talk intelligently

If you thought a chatbot was great, imagine a chatbot integrated with artificial intelligence. As you have seen, it is very easy to have an artificial intelligence bot. It is also incredibly useful, since its help means you can be certain that your customers are being assisted as well as possible. These tools facilitate the company’s work and customers are much happier.

Improve the experience of customers and their relationship with your company with a spectacular assistant that is efficient and available 24/7.

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Privacy risks: ChatGPT

ChatGPT is the most important Artificial Intelligence development in recent years. Last month we discussed its impact on data protection. Today we will delve deeper into the risks it poses to privacy. Let’s go!

Working under the assumption that chatbots rely on our personal data and the more data they collect, the more accurate they are at both detecting patterns and anticipating and generating responses, the risk to privacy increases substantially.

Besides if bearing in mind that the information used to train artificial intelligence products like ChatGPT is taken from the Internet. And personal data that is often acquired without user consent, this is a case that breaches privacy regulations.

 

Measures that ChatGPT must adopt to comply with privacy regulations

  1. Inform on data processing. What data is used and its purpose.
  2. Inform on how data subjects can oppose the use of their data for training algorithms and implement mechanisms to do so.
  3. Conduct information campaigns in the media.
  4. Set up mechanisms to prevent users under the age of 13 from accessing the service.

Provisions of the privacy regulation that are not met

Firstly, the duty of information is breached since complete and transparent information is generally not provided to users and interested parties regarding the processing their data undergoes in these systems.

Additionally, they do not comply with the principles that regulate personal data processing, including the principle of accuracy. Given that a large amount of data introduced into the systems is inaccurate, the result is large-scale misinformation. In this vein, one of the most serious concerns regarding the use of systems like ChatGPT is the tendency to embellish the information and increase the bias in the answers given to the user.

Another of the notable violations is the lack of legitimate basis for the mass processing of personal data in order to train the algorithms that govern chatbot operation.

It is also important to highlight that the principle of confidentiality is contravened and that there is a lack of security measures. This greatly increases the risk of breaches and cyberattacks.

Therefore, we can conclude that although AI holds to potential to transform sectors, solve problems, simplify answers or be a great source of information, it also poses great ethical and social risks.

It is important to note that chatbot systems can reproduce, reinforce and amplify patterns of discrimination and/or inequality. As a result, the irresponsible data handling by these systems leads to unreliable results, which can harm the well-being of citizens and security in legal proceedings.

Will a robust regulatory framework be created worldwide that regulates artificial intelligence systems like ChatGPT? Here at Bacaria we will closely monitor the situation and keep you up to date.