The advancement of technologies leads to increasing application of various algorithms that can develop on the basis of machine learning. Therefore, an issue of special importance is the approach to the regulation of artificial intelligence and its application in various spheres of economic and administrative activities.

At present, the European Commission has submitted a proposal for a Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). The legislative proposal states explicitly that the choice of a regulation as a legal instrument is justified by the need for safeguards of a uniform application of the rules and the security of all entities to which is applies throughout the EU territory. Its scope will cover all systems using artificial intelligence within the EU, including those which are located physically within the territory of third countries if the result of their operation is used in the EU. Of course, a pertinent issue is what will happen if the result is not used within the EU. In such cases, it will be relevant to assess the type of data being processed: data that are not subject to special collection and use arrangements can be processed freely, whereas the processing of regulated data, such as personal data, will have to comply with the applicable data protection rules before the relevant system begins their processing.

The first question to be answered in the Regulation relates to the concept of artificial intelligence because of the ongoing debate at the European Council on the appropriateness of the proposed approach. For the time being, it is proposed to define artificial intelligence (AI) as software that can, for a given set of human-defined objectives, generate outputs such as content, recommendations, predictions, or decisions influencing the environment they interact with. To make this concept flexible and robust, it is important to specify the technologies that are used in the development of the software so as to recognise the existence of an artificial intelligence system. These technologies will be listed in an Annex to the Regulation and the European Commission will be able to amend the list.

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