A suggestion by the government to give robots a distinct legal personality has been strongly opposed by the Malta Information Technology Law Association (Mitla). 

In submissions as part of a public consultation on Malta’s ethical artificial intelligence (AI) framework, Mitla said granting AI systems a distinct legal personality would undermine the fundamental principle of human-centric AI. 

A specific taskforce was set up in 2018 to draft a national strategy for AI.

In a statement accompanying its position paper, Mitla said it commends this initiative and the drive towards building an ethical AI framework for Malta, being that such efforts go hand in hand with the principle of building AI systems which are human-centric and which reflect, echo and promote the interests of the societies in which they are implemented. 

Mitla said it hopes and recommends that the AI Taskforce follows up on the feedback provided and does not engage in any knee-jerk reactions to industry developments which are geared solely towards attracting foreign investment, before having first taken on board and implemented the suggestions made to bolster Malta’s legal framework in line with industry requirements and discussions undertaken at EU level and internationally.

Parliamentary Secretary Silvio Schembri said last year that the government was mulling a pilot project to create a “citizenship test” for AI robots. 

Mitla insists in its position paper that to counter for a potential malfunctioning or worse in AI systems, all such system should have built-in kill switches to make it easier for humans to manually override them. 

It said any local legislative efforts towards the regulation of AI should take into account previous and current European and global efforts, while at the same time, ensuring AI systems adhere to and reflect the ethical and moral principles of Maltese society. 

Mitla recommended that local competition law enforcement authorities should proactively monitor progress in AI technology and the use and commercialisation of big data.

Development, deployment and use of AI systems should require the appointment of an AI ethics officer, whose role would mimic the responsibilities and functions of a data protection officer. 

Mitla’s main assertion is that prior to engaging in any major developments or amendments to the existing legal framework, digital rights should first be introduced into the Constitution. 

Doing this would put Malta at the forefront of the movement towards building an ethical AI framework and would secure rights which are becoming more important in contemporary society, Mitla said.

READ MORE:  Where next for Malta and AI?

Such rights will continue to gain importance for future generations, including the right to informational self-determination, the right to unhindered development of personality and the right to access to truthful sources of information balanced against freedom of expression and the potential role of government in deterring the spreading of false or misleading information, Mitla said. 

Mitla's full position paper can be found here: https://www.mitla.org.mt/wp-content/uploads/2019/09/MITLA-Ethics-AI-Reaction-Document.pdf

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