This book delves into the complex intersection between artificial intelligence and human rights violations, shedding light on the far-reaching implications within the framework of discrimination and the pivotal role equality bodies play in combatting these issues. Through a collaborative effort between the Human Rights and Equality Institution of Türkiye (HREIT) and Hasan Kalyoncu University, the groundbreaking "International Symposium on the Effects of Artificial Intelligence in the Context of the Prohibition of Discrimination" took place on March 30, 2022, in Gaziantep. This book is the outcome of this symposium, bringing attention to the alarming issues of "bias and discrimination" prevalent in the application of artificial intelligence. With a commitment to Sustainable Development Goal 8.10 of safeguarding human rights in the digital realm and countering the adverse effects of artificial intelligence, this work is an essential contribution to the Human Rights Action Plan.
Comprising an array of insightful chapters, this book offers an in-depth exploration of artificial intelligence technologies, encompassing a broad spectrum of topics ranging from data protection to algorithmic discrimination, the deployment of artificial intelligence in criminal proceedings to combating hate speech, and from predictive policing to meta-surveillance. It aims to serve as a call to action, urging societies and policymakers to acknowledge the potential threats posed by AI and recognize the need for robust legislative frameworks and ethical principles to ensure that international standards on human rights are upheld in the face of technological advancements.
Author(s): Muharrem Kılıç; Sezer Bozkuş Kahyaoğlu
Series: Accounting, Finance, Sustainability, Governance & Fraud: Theory and Application
Edition: 1
Publisher: Springer Nature Singapore
Year: 2024
Language: English
Pages: xvii; 226
City: Singapore
Tags: Computer Science; Human Rights; Algorithmic Discrimination in AI; Ethics of Artificial Intelligence; Artificial Intelligence and Human Rights; Ethical AI Implementation; Bias in Artificial Intelligence; Prohibition of AI Discrimination
Acknowledgements
Contents
Editors and Contributors
Abbreviations
List of Figures
List of Tables
Part I Introduction
1 The Interaction of Artificial Intelligence and Legal Regulations: Social and Economic Perspectives
1.1 Introduction
1.2 Algorithms and the Possibility of Algorithmic Bias
1.3 AI Systems with Fair, Accountable, and Transparent Perspective
1.4 Concluding Remarks and Future Expectations
References
Part II Prohibition of Discrimination in the Age of Artificial Intelligence
2 Socio-political Analysis of AI-Based Discrimination in the Meta-surveillance Universe
2.1 Introduction
2.2 A New Type of Surveillance: Meta-surveillance
2.3 Use of Artificial Intelligence in the Judicial Sector
2.4 Digital/Algorithmic Discrimination
2.5 The Role of Human Rights and Equality Institutions Combating Against Digital Discrimination
2.6 A New Type of Bias: Robophobia
2.7 Conclusion
References
3 Rethinking Non-discrimination Law in the Age of Artificial Intelligence
3.1 Introduction: Non-discrimination and Its Legal Grounds
3.2 New Dimensions of Non-discrimination Emerge with AI
3.3 The Need for Explainable AI Systems
3.4 The Responsibilities of the State and the Need for a New Legislative Framework
3.5 Recent Regulatory Developments on AI in Europe
3.6 AI Compliance Mechanisms and AI Governance
3.7 New Procedural Rights to Discuss
3.8 Regulatory Scenery in Turkey
3.9 Conclusion
References
4 Regulating AI Against Discrimination: From Data Protection Legislation to AI-Specific Measures
4.1 Introduction
4.2 Data Processing Through AI and ADM Systems
4.2.1 Definitions of AI and ADM
4.2.2 The Point Where AI, ADM, and the Right to Data Protection Intersect
4.2.3 Benefits and Risks Associated with ADM Systems
4.3 GDPR Against Discriminatory AI and ADM Systems
4.3.1 Specific Regulations on AI and ADM
4.3.2 CoE’s Recommendation on Human Rights Impacts of Algorithmic Systems
4.3.3 UNESCO’s Regulation on Ethics of Artificial Intelligence
4.3.4 CoE’s Ad Hoc Committee on Artificial Intelligence (CAHAI)
4.3.5 Proposal for Artificial Intelligence Act
4.4 Conclusion
References
5 Can the Right to Explanation in GDPR Be a Remedy for Algorithmic Discrimination?
5.1 Introduction: Algorithms and Risks in General
5.2 EU’s General Data Protection Regulation and “Right to Explanation” Concept
5.2.1 Brief Overview of Articles 13, 14, 15 of the GDPR
5.2.2 Examination of Article 22 of GDPR
5.2.3 Article 22/2 of GDPR
5.2.4 Article 22/3 of GDPR
5.2.5 Article 22/4 of GDPR
5.3 Conflict with Intellectual Property and Protection of Trade Secrets
5.4 Conclusion and Evaluation
References
Part III Evaluation of Artificial Intelligence Applications in Terms of Criminal Law
6 Sufficiency of Struggling with the Current Criminal Law Rules on the Use of Artificial Intelligence in Crime
6.1 Introduction
6.2 The Concept of Artificial Intelligence
6.3 The Question of Whether Artificial Intelligence Can Be a Legal Person
6.4 Opinions on Whether Artificial Intelligence Can Have Legal Personhood
6.4.1 Opinions that Support Artificial Intelligence Can Have Legal Personhood
6.4.2 Opinions that Support Artificial Intelligence Cannot Have Legal Personhood
6.4.3 The Relationship of Artificial Intelligence and Crime
6.5 Conclusion and Evaluation in Terms of Turkish Law
References
7 Prevention of Discrimination in the Practices of Predictive Policing
7.1 Introduction
7.2 Predictive Policing
7.3 Use of Artificial Intelligence in Predictive Policing
7.4 Prohibition of Discrimination
7.5 The Use of Artificial Intelligence in Predictive Policing and the Prohibition of Discrimination
7.6 What the Future of Turkey Tells Us?
References
8 Issues that May Arise from Usage of AI Technologies in Criminal Justice and Law Enforcement
8.1 Introduction
8.2 Current and Possible Issues
8.2.1 Discrimination and Bias
8.2.2 Issues Surrounding Transparency, Accountability, and the Right to a Fair Trial
8.2.3 Issues Surrounding Presumption of Innocence
8.2.4 Protection of Personal Data Issues and Data Minimization
8.3 Cyber-Attacks
8.4 Technical Challenges
8.5 Conclusion
References
Part VI Evaluation of the Interaction of Law and Artificial Intelligence Within Different Application Areas
9 Artificial Intelligence and Prohibition of Discrimination from the Perspective of Private Law
9.1 Introduction
9.2 Defining Discrimination
9.3 Private Law and Prohibition of Discrimination
9.4 Private Law Sanctions Against Discrimination
9.4.1 Nullity
9.4.2 Compensation
9.4.3 Obligation to Contract
9.4.4 Burden of Proof
9.5 Artificial Intelligence and Discrimination
9.6 AI-Induced Discrimination and Its Consequences in Terms of Private Law
9.6.1 The Black-Box Problem
9.6.2 Sanctions Against AI-Induced Discrimination
9.6.3 Who is Liable for AI-Induced Discrimination?
9.7 Conclusion
References
10 Legal Challenges of Artificial Intelligence in Healthcare
10.1 Introduction
10.2 Situations Where Artificial Intelligence May Cause Discrimination Among Patients
10.3 Liability for Decisions Made Due to Artificial Intelligence
10.4 Conclusion
References
11 The Impact of Artificial Intelligence on Social Rights
11.1 Introduction
11.2 Social Protection
11.3 Employment
11.4 Problems Related to the Lack of Digital Skills
11.5 Conclusion
References
12 A Review: Detection of Discrimination and Hate Speech Shared on Social Media Platforms Using Artificial Intelligence Methods
12.1 Introduction
12.2 Literature
12.3 Social Media
12.4 Using Artificial Intelligence Methods
12.4.1 Natural Language Processing (NLP)
12.4.2 Convolutional Neural Network (CNN)
12.4.3 Support Vector Machine (SVM)
12.4.4 Decision Tree (DT)
12.4.5 Logistic Regression (LR)
12.4.6 Random Forest Classifier (RF)
12.4.7 Long Short-Term Memory (LSTM)
12.4.8 FastText
12.4.9 Sequence to Sequence (Seq2Seq)
12.5 Conclusion
References
13 The New Era: Transforming Healthcare Quality with Artificial Intelligence
13.1 Introduction
13.2 Artificial Intelligence in Health Care
13.3 The Future of Digitalization and Artificial Intelligence in Healthcare
13.4 The Quality in Health Care with Artificial Intelligence
13.5 AI in the Health Care Safety: Opportunities and Challenges
13.6 Approaches to Achieving Safety in AI
13.7 General Situation in Türkiye
13.7.1 EMRAM (Electronic Medical Record Adoption Model)
13.7.2 E-Nabız (Personal Health System)
13.7.3 Family Physician Information System (AHBS)
13.7.4 Decision Support System (KDS)
13.7.5 Central Physician Appointment System (MHRS)
13.7.6 Medula
13.8 Conclusion
References
14 Managing Artificial Intelligence Algorithmic Discrimination: The Internal Audit Function Role
14.1 Introduction
14.2 Objective and Research Methodology
14.3 Related Review of Literature
14.3.1 Algorithms
14.3.2 Risks
14.3.3 Governance
14.3.4 Internal Audit Function
14.3.5 Bibliometric Analysis
14.4 Conclusion and Recommendations
Appendix
References
Author Index
Subject Index
