This book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values. The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values. Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation. The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators.
Author(s): Alessandro Mantelero
Series: Information Technology And Law Series | 36
Edition: 1
Publisher: T.M.C. Asser Press | Springer
Year: 2022
Language: English
Commentary: TruePDF
Pages: 215
Tags: IT Law; Media Law; Intellectual Property; Human Rights; European Law; Artificial Intelligence; Private International Law; International And Foreign Law; Comparative Law; Public International Law
Foreword
Preface
Contents
About the Author
1 Beyond Data
Abstract
1.1 Introduction
1.2 Rise and Fall of Individual Sovereignty Over Data Use
1.3 Reconsidering Self-determination: Towards a Safe Environment
1.4 A Paradigm Shift: The Focus on Risk Assessment
1.5 HRESIA: A Multi-layered Process
1.6 The Role of Experts
1.7 Assessing the Impact of Data-Intensive AI Applications: HRESIA Versus PIA/DPIA, SIA and EtIA
1.8 The HRESIA and Collective Dimension of Data Use
1.9 Advantages of the Proposed Approach
1.10 Summary
References
2 Human Rights Impact Assessment and AI
Abstract
2.1 Introduction
2.2 A Legal Approach to AI-Related Risks
2.3 Human Rights Impact Assessment of AI in the HRESIA Model
2.3.1 Planning and Scoping
2.3.2 Data Collection and the Risk Analysis Methodology
2.4 The Implementation of the Model
2.4.1 A Case Study on Consumer Devices Equipped with AI
2.4.1.1 Planning and Scoping
2.4.1.2 Initial Risk Analysis and Assessment
2.4.1.3 Results of the Initial Assessment
2.4.1.4 Mitigation Measures and Re-assessment
2.4.2 A Large-Scale Case Study: Smart City Government
2.5 Summary
References
3 The Social and Ethical Component in AI Systems Design and Management
Abstract
3.1 Beyond Human Rights Impact Assessment
3.1.1 The Socio-ethical Framework: Uncertainty, Heterogeneity and Context Dependence
3.1.2 The Risk of a ‘Transplant’ of Ethical Values
3.1.3 Embedding Ethical and Societal Values
3.1.4 The Role of the Committee of Experts: Corporate Case Studies
3.2 Existing Models in Medical Ethics and Research Committees
3.2.1 Clinical Ethics Committees
3.2.2 Research Ethics Committees
3.2.3 Ethics Committees for Clinical Trials
3.2.4 Main Inputs in Addressing Ethical and Societal Issues in AI
3.3 Ad Hoc HRESIA Committees: Role, Nature, and Composition
3.4 Rights-Holder Participation and Stakeholder Engagement
3.5 Summary
References
4 Regulating AI
Abstract
4.1 Regulating AI: Three Different Approaches to Regulation
4.2 The Principles-Based Approach
4.2.1 Key Principles from Personal Data Regulation
4.2.1.1 Primacy of the Human Being
4.2.1.2 Human Control and Oversight
4.2.1.3 Participation and Democratic Oversight on AI Development
4.2.1.4 Transparency and Intelligibility
4.2.1.5 Precautionary Approach and Risk Management
4.2.1.6 Accountability
4.2.1.7 Data Minimisation and Data Quality
4.2.1.8 Role of Experts and Participation
4.2.1.9 Algorithm Vigilance
4.2.2 Key Principles from Biomedicine Regulation
4.2.2.1 Primacy of the Human Being
4.2.2.2 Equitable Access to Health Care
4.2.2.3 Acceptability
4.2.2.4 Principle of Beneficence
4.2.2.5 Private Life and Right to Information
4.2.2.6 Professional Standards
4.2.2.7 Non-discrimination
4.2.2.8 Role of Experts
4.2.2.9 Public Debate
4.2.3 A Contribution to a Future Principles-Based Regulation of AI
4.3 From Design to Law – The European Approaches and the Regulatory Paradox
4.3.1 The Council of Europe’s Risk-Based Approach Centred on Human Rights, Democracy and Rule of Law
4.3.2 The European Commission’s Proposal (AIA) and Its Conformity-Oriented Approach
4.4 The HRESIA Model’s Contribution to the Different Approaches
4.5 Summary
References
5 Open Issues and Conclusions
Abstract
5.1 Addressing the Challenges of AI
5.2 The Global Dimension of AI
5.3 Future Scenarios
References
Index
