The European Commission has announced the withdrawal of its proposal for a Directive on adapting non-contractual civil liability rules to artificial intelligence, known as the AI Liability Directive. This proposal aimed to address challenges individuals face in identifying liable entities and proving liability claims within opaque AI systems. The decision aligns with the Commission's ongoing efforts to reduce regulatory burdens on the private sector while emphasizing competitiveness and innovation.
The Centre for Democracy & Technology Europe (CDT Europe) expressed disappointment over this development, viewing it as a setback for victims of AI-induced harms seeking effective remedies. Laura Lazaro Cabrera, CDT Europe's Counsel and Director of the Equity and Data Programme, stated, "The AI Liability Directive was set to put forward a framework to ease the burden on individuals to pursue justice when wronged by an AI system. Its withdrawal is a departure from European values of transparency and accountability as well as fundamental rights."
Cabrera further explained that proving harms caused by AI systems is challenging due to their complexity and lack of transparency, leaving individuals with limited options for redress. Despite acknowledging the current proposal's limitations and potential for improvement, CDT Europe emphasized the importance of having rules addressing specific barriers related to AI-induced harms.
CDT Europe noted recent encouraging signs from the European Parliament regarding work on this issue, following a report by the European Parliamentary Research Service recommending advancing the proposal. The organization finds it concerning that discussions in Parliament were interrupted by this withdrawal before concluding public consultation initiated by the file’s rapporteur. CDT Europe remains committed to advocating for fundamental rights preservation and effective redress concerning AI-related harms.
