Ibán García del Blanco: The Spaniard Behind Europe’s Historic AI Law
Ibán García del Blanco, a member of the European Parliament, can now be considered a part of European history. As the sole Spaniard involved in the marathon closed-door negotiations in December, which lasted almost 37 hours, he played a crucial role in shaping the world’s first comprehensive artificial intelligence law. This groundbreaking regulation focuses on preventing foundational models of generative AI from violating fundamental rights, particularly those that pose a systemic risk. In an interview with EL PAÍS in Brussels, García del Blanco emphasized the urgency of reaching this agreement, stating that “it was now or never.” The law is currently undergoing final wording and translation into the 24 official languages of the EU, with the aim of ratification before the European elections in June.
The Need for Speed: Why the Rush to Close the AI Law?
The decision to expedite the AI law was driven by the need to protect rights, principles, and values as soon as possible. García del Blanco stressed the moral risk associated with the absence of regulations in a field where technology can create vulnerable situations. Timing was also a critical factor, as the law could only be hypothetically approved during the Belgian presidency in the first half of 2024. The accumulated expertise of the Spanish presidency, coupled with the international prestige of the EU, further reinforced the urgency for regulation. Failure to act would have not only jeopardized the EU’s standing but also undermined its internal democratic model.
Self-Regulation or Regulation? The Debate Surrounding AI Standards
Although there are arguments suggesting that the AI sector can regulate itself, García del Blanco believes it would be naive to rely solely on self-regulation. Drawing on past experiences in the technology sector, he emphasized the necessity of setting standards to prevent imbalances. The laws governing digital services and digital markets serve as examples of attempts to rectify the lack of regulation in this realm. Given the unique risks associated with AI, the introduction of additional tools was deemed essential.
Balancing Legal Certainty with Flexibility: The Challenge of Regulating AI
Europe’s position as a pioneer in AI legislation raises concerns about the potential mistakes associated with regulating something that is constantly evolving. García del Blanco acknowledged the challenge of drafting a regulation that is both flexible and adaptable to new realities, acknowledging the contradiction this poses for traditional legal frameworks. However, by focusing on the use of AI rather than the technology itself, the EU aims to establish general, time-resistant rules. García del Blanco also emphasized the importance of an international collective framework to consolidate these efforts.
Europe’s AI Law: Protecting Rights While Competing with US and China
With 2024 being a super-electoral year, AI is seen as a significant risk factor in relation to misinformation and public opinion manipulation. While the full application of the AI law will only occur by the end of 2026, García del Blanco acknowledged that laws typically lag behind reality. Nevertheless, lessons learned from previous cases, such as the dotcom phenomenon, have prepared Europe to avoid previous pitfalls. By prioritizing intellectual property rights and laying out clear guidelines, the law seeks to provide certainty and prevent future litigation.
As for concerns about Europe losing the AI race to the US or China due to excessive regulation, García del Blanco pointed to the limitations of state intervention or regulation in determining technological developments. Instead, he emphasized the significance of providing resources necessary for developing European AI models and fostering collaboration among member states. While Europe aims to protect its principles and rights through regulation, its focus remains on shaping the market in alignment with European interests.
Analyst comment
Positive news: The Spaniard Ibán García del Blanco played a crucial role in shaping Europe’s historic AI law, which focuses on preventing AI from violating fundamental rights. The law is currently undergoing finalization and translation, with the aim of ratification before the European elections in June.
Short analysis: The European AI market will benefit from the comprehensive AI law, which prioritizes the protection of rights and aligns with European interests. Collaboration among member states and investment in European AI models will help maintain competitiveness with the US and China.
