FAccT-Check on AI regulation: Systematic Evaluation of AI Regulation on the Example of the Legislation on the Use of AI in the Public Sector in the German Federal State of Schleswig-Holstein

Abstract

In the framework of the current discussions about regulating Artificial Intelligence (AI) and machine learning (ML), the small Federal State of Schleswig-Holstein in Northern Germany hurries ahead and adopts legislation on the Use of AI in the public sector. The legislation aims on the one hand to enable the use of AI in the public sector by creating a legal framework and to limit its potential discriminatory effect on the other hand. Contrary to the European AI Act, which is valid for all companies and organizations in Europe, and contrary to the Chinese administrative rule on Internet information recommender systems, the Schleswig-Holstein “IT Deployment Law” (ITDL) would therefore only apply to public administrations and agencies in the federal state. The legislation addresses several AI risks, including fairness and transparency, and mitigates them with approaches quite different from the proposed European AI Act (AIA). In this paper, the legislation will be systematically reviewed and discussed with regards to its definition of AI, risk handling, fairness, accountability, and transparency.

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