Risk Strategies Drawn From the EU AI Act

COMMENTARY

As artificial intelligence (AI) becomes increasingly prevalent in business operations, organizations must adapt their governance, risk, and compliance (GRC) strategies to address the privacy and security risks this technology poses. The European Union's AI Act provides a valuable framework for assessing and managing AI risk, offering insights that can benefit companies worldwide.

The EU AI Act applies to providers and users of AI systems in the EU, as well as those putting AI systems on the EU market or using them within the EU. Its primary goal is to ensure that AI systems are safe and respect fundamental rights and values, including privacy, nondiscrimination, and human dignity.

The EU AI Act categorizes AI systems into four risk levels. On one end of the spectrum, AI systems that pose clear threats to safety, livelihoods, and rights are deemed an Unacceptable Risk. On the other end, AI systems classified as Minimal Risk are largely unregulated, though subject to general safety and privacy rules.

The classifications to study for GRC management are High Risk and Limited Risk. High Risk denotes AI systems where there is a significant risk of harm to individuals' health, safety, or fundamental rights. Limited Risk AI systems pose minimal threat to safety, privacy, or rights but remain subject to transparency obligations.

The EU AI Act allows organizations to take a risk-based approach when assessing AI. The framework helps establish a logical approach for AI risk assessments, particularly for High and Limited Risk activities.

Requirements for High-Risk AI Activities

High-Risk AI activities can include credit scoring, AI-driven recruitment, healthcare diagnostics, biometric identification, and safety-critical systems in transportation. For these and similar activities, the EU AI Act mandates the following stringent requirements:

Requirements for Limited and Minimal Risk AI Activities

While Limited and Minimal Risk activities don't require the same level of scrutiny as High-Risk systems, they still warrant careful consideration.

Requirements for All AI Systems: Assessing Training Data

The assessment of AI training data is crucial for risk management. Key considerations for the EU AI Act include ensuring that you have the necessary rights to use the data for AI training purposes, as well as implementing strict access controls and data segregation measures for sensitive data.

In addition, AI systems must protect authors' rights and prevent unauthorized reproduction of protected IP. They also have to maintain high-quality, representative datasets and mitigate potential biases. Finally, they must maintain clear records of data sources and transformations for traceability and compliance purposes.

How to Integrate AI Act Guidelines Into Existing GRC Strategies

While AI presents new challenges, many aspects of the AI risk assessment process build on existing GRC practices. Organizations can start by applying traditional due-diligence processes for systems that handle confidential, sensitive, or personal data. Then, focus on these AI-specific considerations:

By adapting existing GRC strategies and incorporating insights from frameworks like the EU AI Act, organizations can navigate the complexities of AI risk management and compliance effectively. This approach not only helps mitigate potential risks but also positions companies to leverage AI technologies responsibly and ethically, thus building trust with customers, employees, and regulators alike.

As AI continues to evolve, so, too, will the regulatory landscape. The EU AI Act serves as a pioneering framework, but organizations should stay informed about emerging regulations and best practices in AI governance. By proactively addressing AI risks and embracing responsible AI principles, companies can harness the power of AI while maintaining ethical standards and regulatory compliance.