Artificial intelligence and digital rights, opportunities and challenges

Abstract

This study stems from a concern to understand the implementation, knowledge, regulation and scope of artificial intelligence, in various countries. The investigation is contextualized within a European project, Cost Action EU/CA19143 Global digital rights network, leaded by the authors belonging to the Spanish team. The European Law proposal (European Parliament and Commission, 2021) has been under discussion previously. The European Union (EU) has taken a significant step by establishing clear rules for the use of Artificial Intelligence (AI). The world’s first Artificial Intelligence Regulation was agreed upon by the Council and the European Parliament last December 2023 (European Commission, 2024). This law has two fundamental objectives: • Ensuring the safety and rights of citizens: The regulation aims to ensure that AI systems used in the EU are secure and respect the fundamental rights of individuals. • Promoting investment and innovation in AI in Europe: The regulation encourages research and development in the field of AI within the European continent. Some key aspects of this regulation include: • Definition of AI systems: The definition proposed by the OECD is used to clearly distinguish AI systems from other simpler software programs. • Scope of application: The regulation does not apply to areas outside EU law or affect the competencies of Member States in matters of national security. Additionally, it does not apply to systems used exclusively for military or defense purposes, nor those used for research and innovation. • High-risk AI systems: AI systems presenting significant risks will be subject to specific requirements and obligations to access the EU market. In cases of unacceptable risks, their use will be prohibited. Examples include behavioral cognitive manipulation and indiscriminate tracking of facial images obtained from the internet. • Impact assessment on fundamental rights: Before introducing a new AI system to the market, its impact on fundamental rights will be assessed.