Lorraine Williamson
The Spanish government has introduced strict new regulations on artificial intelligence (AI), setting out clear rules on its use and imposing severe penalties for violations.
The law, aligned with European AI regulations, aims to protect digital rights and prevent the misuse of emerging technologies.
The rise of AI and its rapid growth
Artificial intelligence has evolved rapidly since its early conceptualisation in the 1950s, when pioneers like Alan Turing explored the possibility of machines simulating human intelligence. In the decades that followed, AI remained largely confined to research labs due to limited computing power. However, breakthroughs in machine learning, neural networks, and big data in the 21st century have propelled AI into mainstream use.
Today, AI powers everything from online recommendations and voice assistants to advanced automation in industries like healthcare, finance, and cybersecurity. While AI presents enormous opportunities, its rapid expansion has raised ethical concerns, particularly in relation to data privacy, bias, and misinformation. Governments worldwide are now implementing regulations to ensure AI is developed and used responsibly.
Stricter AI regulations to curb misuse
AI is increasingly embedded in daily life, offering businesses and individuals new opportunities. However, it also poses risks, particularly in areas such as surveillance, misinformation, and discrimination.
Spain’s Minister of Digital Transformation and Public Administration, Óscar López Águeda, acknowledges both the potential and dangers of AI. “AI is a powerful tool, but it must be used responsibly. This law sets clear limits on harmful applications and introduces safeguards, including mandatory labelling of deepfakes.”
Banned AI practices
The new law prohibits several AI applications deemed unethical or dangerous.
Subliminal techniques
AI systems cannot use hidden messages to manipulate decisions. For example, gambling platforms using AI to identify addicts and encourage them to resume betting will be outlawed.
Targeting vulnerable groups
AI cannot exploit people based on age, disability, or economic status. Scammers using AI to create personalised fraud attempts aimed at elderly individuals will face penalties.
Biometric classification
AI systems must not categorise people based on race, political beliefs, or sexual orientation. Tools that analyse facial features to infer political opinions or sexual orientation from social media images are now illegal.
Social scoring
The law bans AI-driven ranking systems that score individuals based on their behaviour. Some financial institutions use AI to assess creditworthiness through online behaviour and social media data, leading to potential discrimination. This practice is now prohibited.
Predictive risk assessments
AI cannot be used to predict criminal behaviour unless under strict legal conditions. For example, classifying individuals as high-risk based on family background or residence is not permitted.
Emotion recognition at work and school
Employers and educational institutions cannot use AI to track emotions for assessments or promotions, except for medical or security purposes.
Mandatory labelling of AI-generated content
A key feature of the new law is the requirement to label AI-generated content. Images, videos, and audio manipulated by AI must be clearly marked. This is designed to tackle misinformation, particularly deepfake technology, which can be used to spread false narratives.
Heavy fines for non-compliance
To enforce compliance, Spain has introduced strict penalties. Companies violating the rules face fines ranging from €7.5 million to €35 million or up to 7% of their global revenue, whichever is higher.
Oversight and enforcement
Several regulatory bodies will oversee the implementation of the law. The Spanish Data Protection Agency (AEPD) will monitor AI-related data privacy issues. The General Council of the Judiciary will supervise AI use in legal proceedings. The Central Electoral Commission will oversee AI’s impact on democratic processes. A newly established Spanish Agency for Artificial Intelligence Oversight (AESIA) will coordinate enforcement efforts.
Also read: Spain introduces its own large language model for artificial intelligence