Artificial Intelligence and Fundamental Rights: Under the European Legal Eye
摘要
Artificial Intelligence (AI) is transforming various sectors, presenting both opportunities and risks to fundamental rights, democracy, and the rule of law. AI systems can infringe on rights such as privacy, non-discrimination, and freedom of expression, necessitating a robust regulatory framework. The European Union’s AI Act addresses these challenges through a risk-based approach to AI governance. This chapter examines the AI Act’s effectiveness in protecting fundamental rights. It explores risk classification, risk mitigation strategies, and the Fundamental Rights Impact Assessment (FRIA) as a compliance tool. Additionally, it questions whether the AI Act’s framework is sufficient or if additional rights and regulations are needed. A critical analysis of the Act’s product safety approach highlights potential shortcomings in addressing broader human rights concerns. The chapter also introduces the Council of Europe’s AI Convention, outlining its human rights-centric framework and assessing how it complements the AI Act. The interplay between the two instruments is analysed to determine whether their combined framework sufficiently protects fundamental rights. The chapter concludes by evaluating whether the EU and Council of Europe’s regulatory efforts provide comprehensive protection or if further legal developments are necessary to address AI-related risks.