Artificial intelligence and consumer rights in the area of ​​tension between regulation and innovation

“I am pleased that, together with the Vienna Chamber of Labor, we were able to attract well-known experts from business, administration, science and consumer protection organizations to look at the topic of artificial intelligence from the user’s perspective with us today at RTR. We will discuss whether the European Union’s AI Act adequately covers any requirements and needs of consumers,” said Klaus M. Steinmaurer, RTR’s managing director for the telecommunications and postal sector, at the start of a high-profile specialist event at RTR. The event was moderated by technology impact researcher Walter Peissl (AI Advisory Board).

Wolfgang Ebner (Federal Chancellery) emphasized in his welcome that a good evidence base must be created for the effects of AI applications on consumers, for example in the context of two studies currently underway together with the BMSGPK.

In her keynote, Christiane Wendehorst (University of Vienna) highlighted the AI ​​Act with its strengths and weaknesses in terms of interaction with other legal acts and the consumer protection provisions contained therein, which primarily address fundamental rights and health.

Maria Reiffenstein (Federal Ministry of Social Affairs, Health, Care and Consumer Protection) explained that the federal government has already developed and taken into account the relationship between “AI” and consumers in many projects. For example, the BMSGPK is currently working on guidelines for Art 86 AI Act (“Right to explanation”).

From the German outside perspective, Miika Blinn (Federal Consumer Organization, Germany) emphasized the importance that the Central Market Surveillance Authority to be set up under the AI ​​Act should also offer low-threshold access for consumers. The task for the national legislature is to make full use of the scope in order to take not only business but also consumer interests into account.

In the subsequent discussion, Marco Blocher (noyb) reported on his experience with enforcing data protection and consumer rights against hyperscalers such as Meta and Daniela Zimmer (Vienna Chamber of Labor) and how difficult it is often to prove the use of AI systems in the first place can. From the authorities’ perspective, Andreas Zavadil (Data Protection Authority) pointed out the rights that already exist under the General Data Protection Regulation (GDPR), which continue to apply in connection with AI systems.

In a very practice-oriented keynote, Niki Popper (Vienna University of Technology) used examples from the Corona period, the expansion of renewable energies and the strengthening of local health care, to show how consumers can benefit from data use and how important AI competence is in this connection is.

David Reichel (European Union Agency for Fundamental Rights, FRA) also emphasized that artificial intelligence and fundamental rights do not necessarily have to be in contradiction and gave an overview of the fundamental rights protection of the AI ​​Act and the FRA’s current activities.

The final panel also remained practical. Consumers are already benefiting from the use of AI in banking, be it through more efficient and faster processes, or through better detection of and protection against attempted fraud, emphasized Philipp Nagel (Raiffeisen Bank International AG). AI systems are also being used more and more frequently in human resources. For example, you can help with job matching during the application process and answer many of applicants’ questions in advance – says Stefan Perklin (PWC). Louise Beltzung (ÖIAT) emphasized that the use of AI does not only have positive effects, because AI offers crime new playgrounds and fraud attempts are becoming increasingly professional.

“AI as a tool has the potential to speed up many processes and open up whole new possibilities for consumers. However, precise supervision and low-threshold complaint options are necessary so that innovation and consumer protection remain in balance,” summarized Klaus M. Steinmaurer. “With the AI ​​service point, we are making a contribution to offering a central point of contact before the AI ​​Act comes into force. “

Information about the AI ​​Act, upcoming events and the work of the AI ​​service point can be found at https://ki.rtr.at published.

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