AI revolution: Malta IT Law Association convenes thought leaders for EU AI Act exploration

Laws regulating Artificial Intelligence must plan for rapid exponential growth and cater for the high-level expertise that will be required to enforce rules, experts in Malta have agreed.

Dr. Antonio Ghio, President of the Malta IT Law Association (MITLA), led a discussion this week towards an expansive discussion on IT law frameworks.

“What's coming in the next five or 10 years will make ChatGPT look like a toy and it would be terrible strategy for legislators to stop at what AI can do today,” said AI practitioner and MITLA Board Member, Dr. Gege Gatt.

AI was one of the hottest debates during Digital Safeguards, the annual conference by the Malta IT Law Association (MITLA), which brought together a host of local experts in the field to discuss AI, privacy, cybersecurity and DORA (the Digital Operational Resilience Act).

The EU’s AI Act, which was this week approved by the European Parliament, took centre stage.

The Act, which aims to be the world’s first comprehensive law on AI, will seek to regulate any AI systems whose output enters the EU market.

AI expert Dr. Dylan Seychell warned about the practical difficulties of having human oversight of such complex systems, and Professor Alexiei Dingli cautioned against self-assessment procedures which had already been problematic in other sectors.

The Malta Digital Innovation Authority spoke about its own responsibility to represent Malta's interests in these legal discussions as well as its role in certifying AI systems that meet the EU standards in Malta.

The panel discussion on Cybersecurity highlighted the increasing convergence of law and technology. Traditionally seen as separate fields, the changing cyber landscape has blurred the lines between legal and technology expertise. The discussion emphasised the need for legal professionals to understand cyber risks and for technologists to grasp the associated liabilities.

The panel also addressed the ongoing harmonisation of cybersecurity legislation and the importance of liability considerations including implications of personal liability being introduced on management boards.

The annual conference was an opportunity for experts and legal practitioners in Malta to delve deeper into various laws impacting their sectors, such as DORA, an EU law designed to strengthen the protection of financial institutions against digital threats like cyber attacks and system failures.

The DORA panel highlighted the regulation’s wide-reaching scope as both financial entities and third-party service providers may be caught within its provisions.

Emphasis was also placed on the need for continuous monitoring of DORA’s implementation because much of the technical detail needed to complete the law is still being drafted by the relevant European Supervisory Authorities.

Given the introduction of various new laws in the ICT field which will also impact privacy, a GDPR-related debate was merited. One of the panels discussed the fine balance required between the right to privacy and the right of freedom of expression and information.

Matthew Caruana Galizia largely contributed to this debate and pushed for more open knowledge and reasonable access rights in this regard, particularly to investigative journalists.

Data Protection Commissioner Ian Deguara indicated that in certain cases, his office is not aligned with local practices removing judgements from the Courts’ website, while Gerladine Spiteri Lucas, CEO at the Malta Business Registry explained why access is restricted on ultimate beneficial owners.

MITLA organises regular events that are designed to keep the legal and tech community in Malta abreast of industry developments. Members of MITLA get privileged access to such events and memberships can be obtained on www.mitla.org.mt/membership

The event was sponsored by RMC Wise, Fenech & Fenech, GTG Advocates, Camilleri Preziosi, MDIA, BMIT and CSB Group.