The Future of Education Series: Part Five – AI Regulation in Education: Understanding the EU AI Act and Australia’s Shifting Policies

Education Law

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DATE PUBLISHED: September 19, 2024

Part five - REGULATION

Artificial Intelligence (AI) is rapidly transforming sectors across the globe, raising complex legal and ethical challenges that require regulatory intervention. On 13 March 2024, the European Parliament took a significant step forward by approving the EU Artificial Intelligence Act (EU AI Act), a pioneering legal framework aimed at addressing the risks posed by AI systems.

The EU AI Act is a ‘hard law’ approach enforcing strict compliance obligations upon organisations intending to utilise such systems.

The EU AI Act defines AI systems in education as ‘High-Risk’.

Recital 56 of the AI Act states:

AI systems used in education should be classified as high-risk AI systems, since they may determine the educational and professional course of a person’s life and therefore may affect that person’s ability to secure a livelihood.

High Risk systems must comply with mandatory requirements before the system is deployed in the classroom. These requirements include:

risk management systems;
data and data governance;
technical documentation;
record keeping;
transparency and provision of information to users;
human oversight; and
accuracy, robustness and cybersecurity.

As we explored in Part 1 of this series, Australia continues to adopt a ‘soft-law’ approach in AI regulation requiring the voluntary compliance of organisations to deploy ethical AI systems. Whether Australia decides to regulate AI is a debate of growing persistence, however, this debate has potentially accelerate given a new policy released earlier this month.

A shift in policy

On 1 September 2024, the Australian Government released a Policy for the Responsible use of AI in Government. This is the most significant regulation of AI we have seen to date in Australia as it imposes mandatory obligations on Government agencies to appoint accountable officials and produce publicly available transparency statements.

This policy marks a significant shift in Australia's regulatory stance, signalling the first step toward more formalised control over AI systems. While this policy currently applies to government agencies, it sets a precedent that could eventually influence broader sectors, including education. As AI becomes more integrated into educational environments, the pressure to impose stricter regulations similar to those in the EU AI Act will likely increase.

What Schools Need to Do?

The Australian Framework for Generative Artificial Intelligence in Schools is set to be reviewed in November. While it is uncertain whether the Framework will see significant updates, the recent shift in policy attitude by the Australian Government, in conjunction with the global approach to AI regulation, may see more onerous obligations placed on schools intending to utilise AI systems. School leaders need to remain informed on policy development and stay tuned for the review of the Framework in November.

how can mcw help?

We can provide up to date advice on the development of AI regulations or assist you in creating or updating your school policies to ensure you are adequately safeguarding the risks that AI poses. We can also provide training to your organisation so that all staff are aware of their obligations to operate and deploy, safe, responsible and ethical AI systems.

Get in touch with us today if you would like to discuss how these changes may impact your school and the steps you should be taking to ensure compliance and to manage risk.