The AI Act in light of the EU Digital Agenda: A critical approach

Konstantinos Kouroupis
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Konstantinos Kouroupis: Assistant Professor of EU and Data Rights Law, Department of Law, Frederick University, Cyprus

Journal of Data Protection & Privacy, 2023, vol. 5, issue 3, 216-229

Abstract: This paper deals with the issue of the impact of artificial intelligence (AI) on our modern societies as well as on fundamental rights and freedoms, mainly those of privacy and security. AI constitutes one of the most essential pillars of the EU Digital Agenda. Despite its use in almost every field of private and public life there is a significant gap regarding its legal regulation. Subsequently, in relation to the proposed AI Act, which corresponds to the first binding legal instrument on AI anywhere, a key consideration arises regarding the governing of AI. Following a brief presentation of the nature and content of the proposed rules, this paper focuses on two major matters which give rise to serious concerns and demand further investigation: those of facial recognition and AI liability. Even though the draft AI Act encompasses provisions relating to these issues, there are still significant points which need to be clarified, such as the potential use of biometric identification tools by private organisations or the liability for AI decisions or actions. Through a comparative analysis of the existing European legal framework covering data protection as well as via the study of significant rulings of European courts and national competent authorities on data protection, this paper aims to demonstrate how to balance the rights, freedoms and interests of the individual against the challenges imposed by the ongoing technological evolutions. Moreover, an original theory is put forward in the area of AI liability which ideally keeps pace with the latest evolutions marked by the proposal of an AI Liability Directive. In addition, an effective mechanism is suggested for the lawful use of facial recognition systems. Therefore, the goal of the study is to indicate fruitful solutions of AI governance in order to build a trustworthy and productive technological environment, with respect to the consolidation of digital privacy and the deployment of modern technological tools.

Keywords: privacy; security; EU Digital Agenda; AI Act; facial recognition; liability; data protection (search for similar items in EconPapers)
JEL-codes: K2 (search for similar items in EconPapers)
Date: 2023
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