データ保護法制の欧州化とAI 規制法の成立

抄録

　EU AI Act represents a pioneering legislative effort to comprehensively regulate the use of AI through a risk-based approach. It prohibits the use of AI that poses unacceptable risks to the values and fundamental rights guaranteed by the EU Charter of Fundamental Principles and Fundamental Rights. To ensure its effectiveness, the law strictly regulates high-risk AI, monitors its use, and provides for strong ex post sanctions. The AI Regulation Law is notable for its comprehensive approach to regulating the use of AI. However, the advent of the general- purpose AI model has prompted questions about the efficacy of this regulatory model. Moreover, while the legislation prohibits or strictly regulates the use of AI, which significantly impacts the fundamental rights of individuals, it permits some exceptions. Depending on how these exceptions are applied, they may result in the establishment of AI use that would otherwise be prohibited. It will be intriguing to observe the manner in which the AI Act is applicated, with a view to achieving a balance between human rights guarantees and the advancementof AI utilization.