Artificial Intelligence law at San Marino
🇸🇲 Artificial Intelligence Law in San Marino — Overview
San Marino, like other European microstates, aligns much of its technological regulation with European Union standards even though it is not an EU member. Therefore, its AI-related legal framework is guided by:
1. EU AI Act principles (risk-based approach)
San Marino is gradually incorporating aspects of the EU Artificial Intelligence Act, particularly:
Risk classification (unacceptable, high-risk, limited-risk, minimal-risk)
Transparency requirements
Human oversight
Data quality and accountability
2. Constitutional and data-protection alignment
San Marino’s privacy laws closely mirror GDPR-style protections, which heavily influence AI governance. Key elements include:
Protection of personal data
Consent requirements
Strict rules on biometrics
Penalties for unlawful surveillance
3. Sector-specific rules
San Marino emphasizes regulation in:
Financial services (anti-fraud AI, algorithmic trading)
Health care (AI diagnostic systems)
Digital citizenship and e-government services
Tourism and public safety (facial recognition, smart cameras)
4. Ethical and human-rights principles
San Marino applies strong human-rights norms found in European frameworks, focusing on:
The right to privacy
Non-discrimination
Transparency
Human accountability over automated decisions
📚 Detailed Example Cases (More than 4–5, Fully Explained)
These cases illustrate how AI law would apply in San Marino.
Case 1 — AI Facial Recognition System in Old Town (Heritage Area)
A private security company installs AI-based facial-recognition cameras in San Marino's UNESCO-protected historic city to track visitor movement.
Legal Issues
Facial recognition in public spaces is considered high-risk.
Recording tourists without explicit legal basis violates privacy laws.
Lack of transparency (no signage, no informed consent).
Outcome
Authorities order the system to be shut down until:
A public safety justification is proven.
A Data Protection Impact Assessment (DPIA) is completed.
People are informed of the surveillance purpose.
Reason: Protection of fundamental rights and alignment with GDPR-style rules.
Case 2 — AI Medical Diagnosis Software Used by a Local Clinic
A clinic uses AI software to diagnose skin diseases. The system misclassifies darker-skin tones, leading to incorrect treatment.
Legal Issues
Medical AI is high-risk.
Algorithmic bias violates anti-discrimination principles.
The clinic failed to perform required testing with diverse datasets.
Outcome
The clinic faces administrative penalties and must:
Revalidate the AI tool with properly representative data.
Include a human doctor’s mandatory review before diagnosis.
Reason: Safety and human oversight requirements for high-risk AI.
Case 3 — Automated Loan Approval in a San Marino Bank
A bank deploys AI to approve or reject loan applications. Applicants complain that decisions are unexplained and appeals are impossible.
Legal Issues
Financial AI systems must offer explainability.
Automated decision-making affecting livelihood requires human review options.
Failure to provide reasoning violates fairness and transparency.
Outcome
The bank is ordered to:
Provide clear explanations for rejections.
Allow customers to challenge automated decisions.
Add human evaluators for sensitive applications.
Reason: Prevention of “black-box” decision-making in essential economic services.
Case 4 — AI Chatbot Used by the Government for E-Residency Support
San Marino introduces a government chatbot to assist with e-citizenship inquiries. The chatbot incorrectly gives legal advice, leading users to make invalid submissions.
Legal Issues
Public administration tools must be accurate, transparent, and not mislead users.
Chatbots giving legal advice without disclaimers violate administrative guidance rules.
Outcome
The government updates the system:
Includes disclaimers (“AI-generated, verify before acting”).
Improves human oversight for legal-related responses.
Implements a formal correction procedure for misinformation.
Reason: Public sector AI requires higher accuracy and accountability.
Case 5 — AI-Generated Tourist Itineraries with Hidden Advertising
A tourism company uses an AI content generator that includes hidden paid promotions for certain restaurants, without disclosure.
Legal Issues
Undisclosed algorithmic advertising violates transparency rules.
Consumers have the right to know whether recommendations are neutral or sponsored.
Outcome
The company is fined and required to disclose:
Sponsored recommendations
Advertising relationships
AI’s role in creating suggestions
Reason: Consumer protection laws apply to AI-generated content.
Case 6 — Autonomous Delivery Robots in Narrow Medieval Streets
A startup tests small autonomous robots for delivering goods through San Marino’s pedestrian-only medieval streets. A robot accidentally injures a tourist.
Legal Issues
Mobility AI is considered high-risk due to safety concerns.
Liability must be clearly assigned (developer vs. operator vs. owner).
Robots must meet international safety standards.
Outcome
Authorities require:
Safety certification
Insurance coverage
Human remote-override capability
Transparent accountability rules
Reason: Public safety and clear liability obligations for autonomous systems.
Case 7 — AI-Based Employee Monitoring in a Boutique Hotel
A hotel uses AI to track employee productivity and predict potential errors. Staff say it invades privacy and creates unfair pressure.
Legal Issues
Workplace monitoring AI must respect proportionality.
Intrusive prediction scoring violates labor rights.
AI cannot make employment decisions without human involvement.
Outcome
The hotel must reduce monitoring scope and ensure:
Transparency about collected data
Worker consent
Human review of performance assessments
Reason: Labor protections prohibit excessive surveillance or automated judgment.
âś… Summary
San Marino’s AI regulation is shaped by:
European principles (EU AI Act–style risk regulation)
Human rights and privacy protection (similar to GDPR)
Sector-specific oversight (finance, health, public administration)
The example cases above demonstrate how AI law in San Marino balances:
Innovation
Safety
Accountability
Protection of individuals’ rights
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