In recent years, Germany has emerged as a leading force in the development and regulation of artificial intelligence (AI) technologies. As the country navigates the complex landscape of AI, it has sought to strike a delicate balance between fostering innovation and ensuring the ethical and responsible use of these powerful tools. Germany's approach to AI governance has been shaped by its commitment to fundamental rights, democracy, and the rule of law.
Germany's journey towards responsible AI began with the publication of its national AI strategy in November 2018. The strategy outlined three main goals: (1) establishing Germany and Europe as a leading center for AI, (2) ensuring the responsible development and use of AI for the benefit of society, and (3) integrating AI into society in an ethical, legal, cultural, and institutional manner through broad societal dialogue and active political measures.
In December 2020, Germany updated its AI strategy to address current developments and high-priority topics, such as the COVID-19 pandemic and environmental and climate protection. The 2021 coalition agreement of the German government further emphasised AI as a crucial strategic technology for the future, addressing key AI topics while also highlighting the need for data.
Germany has placed a strong emphasis on AI ethics, with the Federal Government advocating for an "ethics by, in and for design" approach throughout all stages of AI development and use. The Data Ethics Commission, established in 2018, recommended that sustainability, justice, solidarity, democracy, security, privacy, self-determination, and human dignity should guide the regulation of AI. The Commission also suggested a risk-based approach to AI regulation and the establishment of oversight bodies.
Several initiatives have been launched to implement Germany's National AI Strategy, focusing on ethical guidelines, fostering a fruitful business environment, and promoting dialogue among stakeholders. The German AI Observatory, for example, forecasts and assesses the impact of AI technologies on society and develops regulatory frameworks to address the rapidly changing labor market.
As a member of the European Union, Germany is bound by the EU's AI Act, Digital Services Act (DSA), and the General Data Protection Regulation (GDPR). The AI Act, a risk-based market regulation, aims to promote a human-centric approach to AI while fostering innovation. Germany has actively participated in shaping the AI Act, calling for tighter regulation and specific definitions. However, its position on certain aspects, such as biometric identification and predictive policing, has been somewhat inconsistent due to differing priorities among ministries, coalition members, and state governments.
The DSA regulates online intermediaries and platforms to prevent illegal and harmful activities online and the spread of disinformation. Germany, like other EU member states, will apply the DSA and establish a co-regulatory framework to address the negative impacts of illegal content and manipulative activities.
Germany has launched several projects on facial recognition technology and predictive policing, which have been met with public resistance due to privacy concerns. In 2021, Germany's incoming coalition government announced it would exclude biometric recognition in public spaces and automated state scoring systems by AI. The German police have also used AI-assisted predictive policing tools, with varying success and criticism.
Germany's Constitutional Court recently started a legal review of surveillance software deployed by police in the state of Hesse, finding that provisions enabling the police to process data by matching various databases and carrying out automatic data analysis were unconstitutional. This ruling highlights the ongoing challenge of balancing security needs with the protection of fundamental rights.
Germany has been actively involved in international efforts to promote responsible AI. It has endorsed the OECD and G20 AI Principles, joined the Global Partnership on Artificial Intelligence, and is a signatory to the UNESCO Recommendation on the Ethics of AI. Germany has also participated in discussions on lethal autonomous weapons systems (LAWS), calling for a global ban on fully autonomous weapons while promoting early arms control initiatives for AI-related weapons technology developments.
In November 2023, Germany participated in the first AI Safety Summit and endorsed the Bletchley Declaration, committing to international cooperation efforts on AI to promote inclusive growth, protect human rights, and foster public trust in AI systems. As a member of the Council of Europe, Germany has contributed to the negotiations of the Council of Europe Framework Convention on AI, Human Rights, Democracy, and the Rule of Law.
Germany's approach to AI governance reflects its commitment to balancing innovation and ethical considerations. By developing a comprehensive national AI strategy, establishing ethical guidelines and oversight mechanisms, and actively engaging in international cooperation, Germany has positioned itself as a leader in responsible AI development.
However, challenges remain in navigating the complex regulatory landscape, particularly in areas such as biometric identification and predictive policing. As Germany continues to shape its AI policies and practices, it must ensure that the protection of fundamental rights remains at the forefront of its efforts.
This country report is our interpretation and summary of the "CAIDP Artificial Intelligence & Democratic Values Index 2023". The full report can be found here - https://www.caidp.org/reports/aidv-2023/