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The 2021-04-21 Proposal for a Regulation on a European approach for Artificial Intelligence (Proposal for a Regulation on a European approach for Artificial Intelligence.pdf) mentions:

The regulation follows a risk-based approach, differentiating between uses of AI that create (i) an unacceptable risk, (ii) a high risk, and (iii) low or minimal risk.

What is defined as low or minimal risk artificial intelligence, and which obligations does it have in the Proposal for a Regulation on a European approach for Artificial Intelligence?

I couldn't find it despite spending quite some time in the document.

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Concerning the risk-based approach, the introduction says

Certain particularly harmful AI practices are prohibited as contravening Union values, while specific restrictions and safeguards are proposed in relation to certain uses of remote biometric identification systems for the purpose of law enforcement. The proposal lays down a solid risk methodology to define “high-risk” AI systems that pose significant risks to the health and safety or fundamental rights of persons. Those AI systems will have to comply with a set of horizontal mandatory requirements for trustworthy AI and follow conformity assessment procedures before those systems can be placed on the Union market. Predictable, proportionate and clear obligations are also placed on providers and users of those systems to ensure safety and respect of existing legislation protecting fundamental rights throughout the whole AI systems’ lifecycle. For some specific AI systems, only minimum transparency obligations are proposed, in particular when chatbots or ‘deep fakes’ are used.

The impact assessment says

Businesses or public authorities that develop or use any AI applications not classified as high risk would only have minimal obligations of information.

Anything that's not unacceptable or high-risk would be in the third category. The regulation only defines prohibited and high-risk AI systems. It follows that the rest are considered low risk.

The proposal also contains regulations targeted at specific systems, particularly Title IV regarding transparency obligations, which must be followed by permitted non-high-risk AI applications.

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  • "The regulation only defines prohibited and high-risk AI systems. It follows that the rest are considered low risk." thanks, makes sense! I thought lawmakers would have written this explicitly somewhere. Also, Title IV says "Transparency obligations for certain AI systems" so this confused me (since "certain" sounds more restrictive than "non-high-risk AI applications"). – Franck Dernoncourt Apr 21 at 19:24
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    @FranckDernoncourt Well I think I didn't phrase it too well, non-high-risk AIs are still only subject to the transparency obligations if they fall within "certain AI systems". Many AI systems (especially those that do not interact with natural persons nor use personal data) are essentially unregulated by this proposal. – xngtng Apr 21 at 21:51

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