Protecting the Right to Private and Family Life Under the European Artificial Intelligence Act: Is a Risk Based Approach Enough?
摘要
The research discusses the European Artificial Intelligence Act (‘AIA’) as a groundbreaking legal framework aimed at standardizing risk management associated with artificial intelligence technologies. It explores the act’s implications for protecting fundamental rights, with a focus on the right to private and family life, as guaranteed by the European Convention on Human Rights (‘Convention’ or ‘ECHR’) and the EU Charter of Fundamental Rights (‘Charter’). The paper critically evaluates the risk-based approach employed by the AIA, particularly its provisions for high-risk AI systems, and their capacity to address potential intrusions into personal privacy and autonomy. It also investigates judicial protection mechanisms under the AIA, highlighting jurisdictional overlaps between the Court of Justice of the European Union (‘CJEU’) and the European Court of Human Rights (‘ECtHR’). The analysis raises concerns about the adequacy of safeguards for specific vulnerable groups, such as minors, and critiques the privatization of certain oversight functions. The study concludes with recommendations for enhancing the regulation’s effectiveness in preserving individual rights against AI-induced risks.