Artificial intelligence : an opportunity or a threat for the protection of human rights?

Abstract

PURPOSE: Technologies based on artificial intelligence (AI) are becoming one of the most desirable technological processes in many spheres of human activity. AI’s unavoidable (or even inseparable) relationship with handling problems of everyday life gives rise to the need to consider its impact on the respect for and protection of human rights. The aim of this study is to point out the interrelation or lack thereof between the increasing use of AI and the degree of protection of human rights. This will allow conclusions on the need to establish normative rules that determine the principles of operation of AI-based algorithms in the form of positive law or soft law.

DESIGN/METHODOLOGY/APPROACH: We will take a closer look in this article at AI’s impact on certain human rights identified in these acts. I will first present implications of AI application in these areas of human functioning, which may be related to the respect for human rights and then I will assess the impact of AI on the protection of human rights or on their violation. This analysis will allow pinpointing whether there is an urgent need to adopt AI-related normative regulations.

FINDINGS: The research has proven that it is impossible to specify unequivocally AI’s impact (as a general term) on human rights. Specific AI-based systems may both protect and violate human rights. The multitude of examples of violations of human rights and the fact that AI is only in the beginning phase of development, forces the taking of necessary measures to regulate the ways of creating and using AI.

PRACTICAL IMPLICATIONS: The research has demonstrated that a legal framework for the creation and use of AI must be formulated at the transnational level. Establishing such a uniform and coherent framework will result in increased social trust for AI-based systems if rules for creating it ethically are universal.

ORIGINALITY/VALUE: The research contributes to reducing the legal lacunae in the context of AI regulation.