EU DRAFT WILL MAKE IT EASIER TO SUE DRONE MAKERS AND AI SYSTEMS

Wed 28 September 2022:

According to proposed EU regulations, it will be simpler for people and businesses to file lawsuits for damages when drones, robots, and other products or services with artificial intelligence software cause them harm.

The European Commission will present the AI Liability Directive on Wednesday. Its goal is to address the inconsistent national regulations in the 27-nation European Union as well as the growing proliferation of products and services that use AI.

Victims can sue for compensation for harm to their life, property, health and privacy due to the fault or omission of a provider, developer or user of AI technology or was discriminated in a recruitment process using AI, the draft rules said.

The rules seek to lighten the burden of proof on victims by introducing a “presumption of causality”, which means victims only need to show that a manufacturer or user’s failure to comply with certain requirements caused the harm and then link this to the AI technology in their lawsuit.

Under a “right of access to evidence”, victims can ask a court to order companies and suppliers to provide information about high-risk AI systems so that they can identify the liable person and find out what went wrong.

The Product Liability Directive, which defines the extent of manufacturers’ liability for defective products ranging from smart technology to machinery and pharmaceuticals, will also be updated by the EU executive on Wednesday.

Users will be able to seek compensation under the proposed changes when manufacturers fail to close cybersecurity flaws or when software updates make their smart home products unsafe.

The manufacturer’s EU representative will be able to be sued by customers who purchased dangerous non-EU products.

Before becoming a law, the AI Liability Directive must receive approval from all EU member states and EU legislators.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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