Faced with the meteoric acceleration in the development of generative AI, the French authorities are reacting. In a report published on February 14, 2024, two deputies formulate 33 proposals to strengthen the supervision of this promising but potentially destabilizing technology. Their key idea? Transform the CNIL into a powerful entity dedicated to the control of AI.
The CNIL at the heart of the system
Currently, the National Commission for Information Technology and Liberties (CNIL) is responsible for ensuring compliance with the General Data Protection Regulation (GDPR) and the Data Protection and Liberties laws in France. However, generative AI relies on the massive exploitation of personal data to train its algorithms. Hence the MPs’ idea of positioning the CNIL at the center of the new AI regulatory system.
Concretely, the CNIL would become a “High Authority in charge of data protection and the control of artificial intelligence”. Its human and technological resources would be strengthened to enable it to audit complex algorithms. Sector players also seem to be in favor of this option, judging that the CNIL currently lacks resources on this front.
Clarify the roles between the CNIL and Arcom
However, the CNIL is not the only authority involved. Arcom (Regulatory Authority for Audiovisual and Digital Communication) is also responsible for certain aspects linked to digital platforms using AI.
The rapporteurs therefore insist on the need to clearly delineate the prerogatives of each institution to avoid duplication. The CNIL would see its scope extended to AI, while Arcom would retain its current responsibilities as regulator of audiovisual content. Close collaboration between the two will nevertheless be essential.
Strengthen the legislative arsenal
In addition to strengthening the institutional system, several proposals aim to strengthen the legislative arsenal governing generative AI. We can cite :
- The obligation to label content generated by AI for electoral propaganda purposes, to guarantee transparency.
- The ban and penalization of deepfakes made without consent, to combat abuse.
- The appointment of an ambassador to defend the French position in international negotiations on the regulation of AI.
- The establishment of an observatory for malicious uses of AI, to anticipate abuses.
France is not isolated in its desire to legislate. At the European level, several texts are in the pipeline, such as the AI Act which will introduce binding obligations for AI developers. The challenge will be to articulate the French framework with future European regulations.
The goal remains to harness the enormous potential of AI while mitigating its potential dangers. This parliamentary report marks a significant first step towards achieving this. France, with the CNIL, could act as a precursor in this area. But the road will be long before finding the right balance between innovation and protection.
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