Discriminatory bias (and how to prevent it) in the European Union: a review of the ethical and regulatory framework for artificial intelligence.

Abstract

The European Union and some of its institutions have taken significant steps to address the challenges posed by the development and use of Artificial Intelligence (AI) in various contexts. The ubiquity of AI applications in everyday life, affecting both citizens and professionals, has made AI a common topic of discussion. However, alongside its progress, concerns have been raised about the potential negative consequences of AI, in particular discriminatory bias. This article aims to examine the challenges of defining, identifying and mitigating discriminatory bias in AI systems from two perspectives: 1) to conduct an ethical and normative review of European Commission documents from the last 8 years (from GDPR to AI Act proposal); and 2) to provide practical recommendations for key stakeholders, including designers, end-users and public authorities, to minimise/mitigate this risk. The documentary review has been conducted on 21 EU normative and ethical guidelines in the field of AI, noting first, that there is no clear conceptual framework on the issue at the European level, and second, that this lack of a clear conceptual framework may affect the concreteness and detail of the potential mitigation/mitigation measures proposed.