Artificial Intelligence Law Proposal Submitted to Parliament
1. Introduction
The Artificial Intelligence Bill (“Bill”) was submitted to the Grand National Assembly of Turkey (“GNAT”) with Bill No. 5984 dated 25.06.2024.
The rapid development of artificial intelligence technologies requires comprehensive legal frameworks to regulate their use. The purpose of this Bill is to ensure that AI technologies are used safely, ethically and fairly and that privacy rights are not violated. At the same time, this regulation will contribute to the creation of a competitive and innovative environment in Turkey in accordance with international standards in the field of artificial intelligence. Thus, the benefits of artificial intelligence technologies to society will be maximized.
2. Definitions
With the relevant Bill, the definitions of “artificial intelligence”, “provider”, “distributor/user”, “importer”, “distributor” and “artificial intelligence operators” have been added to the definitions article in order to comply with international regulations.
The importance of making the definitions clear and precise in the said Bill of Law is aimed to increase the implementation and comprehensibility of the law and to prevent legal gaps and differences of interpretation.
3. Basic Principles
The Artificial Intelligence Law Proposal submitted to the TGNA adopts the following principles regarding the use of artificial intelligence systems in order to increase the benefits to society and minimize potential harms.
a. Safety
b. Transparency
c. Fairness
d. Accountability
e. Confidentiality
4. Risk Management and Assessment
Since it has become mandatory to identify and manage the risks that may be brought by Artificial Intelligence Systems, which are rapidly developing and becoming widespread in the world, in order to identify the risks that may be faced during the development and use of the systems and to take the necessary measures, it is envisaged in the Bill of Law that artificial intelligence systems with high risks will be subject to conformity assessment by the supervisory authorities.
5. Compliance and Audit
In the preamble of the bill, it is envisaged that artificial intelligence systems will be effectively supervised so that they can be used safely, ethically and responsibly by artificial intelligence operators in accordance with the legal framework. The powers determined are as follows:
a. Supervising the development and utilization processes of artificial intelligence systems,
b. Conduct conformity assessments,
c. Requesting information and documents from AI operators,
d. Imposing sanctions in case of violation.
6. Violation and Sanctions
The Bill of Law includes regulations that envisage fines for artificial intelligence operators. Accordingly
a. Up to 35 million TRY or 7% of annual turnover for banned artificial intelligence applications,
b. Up to 15 million TRY or 3% of annual turnover for breach of obligations,
c. Up to 7.5 million TRY or 1.5% of annual turnover in case of providing false information
The imposition of a fine is foreseen.
7. Conclusion
The rapid development of artificial intelligence technologies requires comprehensive legal frameworks for the regulation of these technologies. The new regulation aims to ensure that AI technologies are used in a safer, fairer and more transparent manner.
In this framework, the obligation of all parties operating in the sector to comply with the specified rules is of great importance in terms of minimizing the negative effects that artificial intelligence systems may have on society.
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