From 1 July 2020, an experimental legal regime is being introduced in Moscow for a five-year period. The Law is aimed at creating the necessary conditions for the development and introduction of artificial intelligence technologies, and the subsequent use of the results of their application.
As a result of the experiment, existing norms will likely be amended to meet the technical capabilities of IT companies and the needs of the market. In turn, this should contribute to the development of technologies in Russia while taking into account the rights and interests of individuals.
The experiment is being conducted in connection with the adoption by the Russian President of the National Strategy for the Development of Artificial Intelligence* for the period until 2030. The purpose of this document is to create conditions that will allow Russian artificial intelligence technologies to occupy a significant share of the world market.
According to the new Law, a legal entity or an individual entrepreneur can become a participant in the experimental legal regime provided that the entity or individual has successfully applied for entry into a special register.
To participate in the experiment, legal entities and individual entrepreneurs must:
be registered in Moscow;
engage in the development, creation, introduction, implementation or sale of artificial intelligence technologies or individual goods, works or services based on them; and
have no unexpunged or outstanding convictions for economic crimes or crimes of medium gravity, or grave and especially grave crimes (for legal entities, this criterion applies to their directors and members of the executive board).
Moscow City Hall has been instructed to determine the conditions, requirements and procedure for the development, creation, introduction and implementation of artificial intelligence technologies, as well as the cases and procedures for using the results of the application of artificial intelligence.
It is expected that large IT companies using artificial intelligence in the field of medicine, urban infrastructure, face recognition and other uses will take part in the experiment.
The Law separately outlines certain provisions relating to the storage and processing of personal data that will be obtained during the experiment.
As a result, the Law makes it possible to use the previously anonymised personal data of individuals participating in the experiment to increase the effectiveness of the state or municipal government. However, the Law specifically establishes that such personal data can only be transferred to participants in the experiment and must be stored in Moscow.
Moscow City Hall will regulate, subject to the approval of the Ministry of Communications, the details of the procedure and conditions for the processing of personal data by the participants in the experiment.
Moscow City Hall will also determine the procedure under which owners of urban cameras and video cameras can transfer images and the situations in which they may do so.
A coordination council will be responsible for developing the strategy for improving the mechanisms of the experimental legal regime and for monitoring it. Moscow City Hall will adopt a regulation supporting this council in coordination with the Russian government.
Based on the results of the experiment, the coordination council will prepare and submit proposals to the Russian government regarding whether it is appropriate to amend Russian legislation.
From 1 September 2020, the first national standards in the field of artificial intelligence will come into force:
GOST R 58776-2019 “Means of monitoring behaviour and predicting people’s intentions. Terms and definitions”.
This standard was adopted to develop intelligent systems based on predicting human behaviour and communicating with humans by intelligent robotic systems, including unmanned vehicles. It will be possible to use predictions of behaviour to prevent crime and resolve other issues related to public safety.
GOST R 58777-2019 “Air transport. Airports. Technical means of inspection. Methodology for determining the quality indicators for the recognition of illegal input by shadow X-ray images”.
This standard was adopted to establish single requirements for systems and algorithms in the recognition of the contents of baggage and hand luggage to identify items whose transportation is prohibited. It takes into account international research on the processing of big data and X-ray images, and contains a description of various algorithms for detecting illegal input.
For the first time, legal aspects related to artificial intelligence are reflected in Russian legislation. The rapid development of artificial intelligence technology and the active participation of Russian companies in its use justify the need for this experiment and the subsequent improvement of the corresponding legal regime.
In the near future, additional regulatory legal acts detailing the regulation of the experiment will be adopted. Key issues such as the collection, anonymisation and transfer of personal data are of particular interest. It is assumed that the experiment will contribute to a significant improvement in legislation on personal data, which does not currently take into account new technologies and their capabilities.
* In Russian
By Anton Bankovskiy, Partner, Irina Shurmina, Senior Associate, Vladislav Eltovskiy, Associate, and Ksenia Danshina, Associate, CMS