Technical

Artificial Intelligence System (AI System)

A machine-based system inferring from input to generate outputs like predictions or decisions influencing environments.

How the laws define this

Both the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 and Projeto de Lei nº 2338, de 2023 - Dispõe sobre o uso da Inteligência Artificial share a common core, defining an AI system as one that, for explicit or implicit objectives, infers to generate outputs like predictions, content, recommendations, or decisions influencing physical or virtual environments. The primary divergence lies in technical scope and domain specificity. The Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 requires a machine-based system inferring from received input to establish a clear scope for AI governance. In contrast, Projeto de Lei nº 2338, de 2023 - Dispõe sobre o uso da Inteligência Artificial broadly frames it as inferring how to generate outputs without specifying a machine base. Shifting away from these functional mechanics, Use of Artificial Intelligence in Health Care defines the term by regulatory scope and sector context, covering any regulated system or algorithm used in healthcare for utilization review or direct patient interaction.

Synthesised from the 3 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first. Showing 2 of the 3 instruments that define this term; all are listed under Definitions below.

JurisdictionInstrumentStatusWhat is distinctive
CanadaStrengthening Cyber Security and Building Trust in the Public Sector Act, 2024In ForceExplicitly specifies that the system is machine-based and includes content among the example outputs, while providing a clear scope for AI governance.
Colorado, United StatesConcerning the use of artificial intelligence in health care.Awaiting EntryLimits the term to any AI system or algorithm regulated by the Act, particularly narrowing it to healthcare contexts like utilization review or patient interaction.

What it triggers

  • In Ontario's public sector under the Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024, it mandates transparent and responsible AI use alongside cybersecurity and privacy rules.source
  • In Colorado healthcare under the Concerning the use of artificial intelligence in health care act, it would require patient safety, equity, and human oversight in AI-driven decisions.source
  • Under Brazil's Bill No. 2338, of 2023, it would impose governance rules and civil liability on public and private AI developers and deployers.source

Definitions (3)

A machine-based system that, for explicit or implicit objectives, infers from the input it receives in order to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments. This definition provides a clear scope for AI governance.

A system that, for explicit or implicit objectives, infers how to generate outputs such as content, predictions, recommendations, or decisions that can influence physical or virtual environments.

Any artificial intelligence system or algorithm regulated by the Act, particularly when used in healthcare contexts for utilization review or direct patient interaction.

Not to be confused with

AI System

This term's short definition matches the core of definitions [1] and [3] but lacks their fuller details on objectives and example outputs.

Artificial Intelligence (AI) System

The related term explicitly includes human-defined objectives, unlike [3] which allows explicit or implicit objectives without specifying human involvement.

System based on AI

The related term specifies an electronic system, aligning closely with [1]'s machine-based qualifier but omitting content as an output example.

Questions and answers

What makes an AI system fall under Ontario's 2024 Act?

It covers machine-based systems inferring outputs like predictions, content, or decisions influencing environments for governance in the public sector. The Act mandates rules on cybersecurity, privacy, and responsible AI use.

Does Colorado's health care AI bill regulate all AI systems?

No, it only regulates AI systems or algorithms specified in the Act, focusing on healthcare uses like utilization review or patient interaction.

How does Brazil's Bill 2338 define AI systems differently?

It defines them without requiring they be machine-based, covering systems inferring outputs like content or decisions for explicit or implicit objectives. This triggers a risk-based framework with governance and liability rules.