Draft Law on Regulations Regarding Artificial Intelligence Submitted to The Presidency of Grand National Assembly of Türkiye

Artificial Intelligence, defined as the ability of a computer or computer-controlled robot to perform tasks typically associated with intelligent beings, is increasingly finding applications in our daily lives across various fields.

In this regard,  Circular No. 2021/18 related to the National Artificial Intelligence Strategy in the Official Gazette dated 20 August 2021 and numbered 31574 (“Circular”) has been published and  this followed the issuance of the National Artificial Intelligence Strategy Document (“Strategy”)  on August 24, 2021 which was published on the website of the Presidential Digital Transformation Office by the Presidential Digital Transformation Office and the Ministry of Industry and Technology in order to determine the road maps of the studies.You can access our previous article from here.

Following the Circular and Strategy, the growing interest and acceleration of efforts in the field prompted the Personal Data Protection Board to publish the guideline on Data Security in the Field of Artificial Intelligence. This guide shared recommendations aimed at the protection of personal data within the context of the Personal Data Protection Law No. 6698, taking into account the previous work of the European Commission and OECD. You can access our article on this guideline and our evaluation of the use of personal data and artificial intelligence here.

In light of all these developments, on June 24, 2024, a draft Artificial Intelligence Law (“Draft Law“) was submitted to the Presidency of the Turkish Grand National Assembly (TBMM). In summary, this Draft Law aims to ensure the safe, ethical, and fair use of artificial intelligence technologies, protect personal data, and prevent violations of privacy rights. Additionally, it aims to establish a regulatory framework for the development and use of artificial intelligence systems. The law also encompasses AI system providers, distributors, users, importers, distributors, and those affected by these systems.

• According to the Draft Law, AI systems must operate safely, ensuring that users are not harmed. Transparency must be ensured by providing clear and understandable information about how these systems work. The principle of fairness must be maintained by ensuring that AI systems do not discriminate and make fair decisions. Parties responsible for the outcomes arising from the use of AI systems must be identified and held accountable. Additionally, necessary measures must be taken to protect personal data and ensure privacy in the use of AI systems.
• During the development and use of AI systems, risk assessments should be conducted, and special measures should be taken for high-risk systems. High-risk AI systems should be registered with the relevant supervisory authorities and subjected to conformity assessments.
• AI operators are responsible for ensuring that the AI systems they provide, develop, distribute, or use comply with the provisions of this Law and related regulations. Supervisory authorities are granted extensive powers to oversee the compliance of AI systems and detect violations. These authorities have the power to supervise the development and use processes of AI systems, conduct conformity assessments, request information and documents, and impose sanctions in case of violations.
• The penalties that can be applied to AI operators who act contrary to the provisions of this Draft Law include fines of up to 35 million TL or 7% of annual turnover for prohibited AI applications, fines of up to 15 million TL or 3% of annual turnover for violations of obligations, and fines of up to 7.5 million TL or 1.5% of annual turnover for providing false information.
• This Draft Law will come into effect on the date of its publication, and its provisions will be executed by the President.

You can access the full text of the Draft Law through this link (only available in Turkish).