Dr. Kris Shrishak:

The first thing is the public knowing that there is an AI system. That is where the transparency register comes in. One element of such a register that we would like to see is who is the developer and the deployer of these systems. In this case, the deployer could be the Department but in other cases, the Department could be both developer and deployer. That would also give a person who has been harmed information about whom to ask for damages when it comes to liability. That is one. On the damage, I emphasise that it is not just physical damage, which is usually thought of when it comes to products. Psychological damage is explicitly mentioned in the law for this. If that is a concern, that is also covered so you can consider damage to that. The Senator mentioned the AI system not working. The emphasis is also on, when it comes to liability, an element where one has to show there is a defect. A defect could mean it did not work as expected. In different circumstances, that could mean a different thing. If a person with a disability is interacting with an AI system and if the system has not been designed in a way where the data sets are not collected and the AI system is not trained using data that captures their representativeness, that in itself could potentially be a defect in the system.