Blog Passion for the Office

The Electronic evidence in trials includes documents in electronic format, emails, messages via electronic messaging channels, social networks, audio and video recordings, and other electronic media.

Additionally, it is important to highlight that jurisprudence recognizes the nature of documentary evidence in electronic documents, including emails and other electronic media, as long as their authenticity is proven and they are provided in accordance with the provisions of current doctrine and regulations.

However, the image and sound recordings played at the trial are not considered documentary evidence, unlike emails, which have been recognised as such. Furthermore, it is noted that the electronic signature has the same legal value as the handwritten signature in relation to data recorded on paper.

When we talk about “ digital footprint on the Internet ”, we are referring to the unique information and traces that a person leaves behind online...

Protecting a company from potential threats that may arise makes it necessary to establish strategies to reduce or mitigate them.  Artificial Intelligence has led to new concerns such as data security or Intellectual Property.

As an example, some of the points that must be evaluated and protected in a Company are those mentioned below.

First of all,  Data protection . To do this, security measures can be implemented to protect sensitive information and data used through Artificial Intelligence. Additionally, it is recommended to encrypt data and establish clear policies regarding data collection, storage and use, policies that must be complied with and for which it is recommended to have privacy regulations in this regard.

Secondly, the call Artificial Intelligence governance . That is, the development of policies and procedures that establish the ethical and legal principles that govern the operation of Artificial Intelligence in the company. Some companies have decided to create an ethics committee in Artificial Intelligence that allows for the review and supervision of projects, so that the principles are fully complied with.

Third, Training and awareness . It is important that employees of a company that uses Artificial Intelligence are trained in the field and, in particular, in its risks and benefits. A cybersecurity culture should also be fostered so that employees are aware of the potential risks and threats of using Artificial Intelligence.

American jurisprudence on Artificial Intelligence has been evolving for a number of years. The intersection between AI and the American legal system has generated various disputes and challenges, resulting in courts addressing various cases such as criminal liability, automated decision-making, and privacy.

Some of The most common subjects are as follows:

• Liability, including criminal liability.
• Discrimination and bias, to the extent that the implementation of Artificial Intelligence in decision-making has had a negative and disproportionate impact on certain groups, creating social gaps.
• Rights and privacy, highlighting the violation of these rights by those who have used Artificial Intelligence.
• Automated decision-making, such as predicting judicial or political outcomes, reviewing legal documents, or others.

In previous articles we delved into Artificial Intelligence applied to Criminal Law. In this article, we will analyze the so-called cybercrimes and the increase in their commission, as well as identity theft.

It can be defined as cybercrime Any criminal activity involving a computer, a network-connected device, or the network itself. The origin of cybercrime is not trivial, and some believe that the first one arose in 1834 in France when two thieves accessed the financial markets and stole information from the telegraph network.

These identity theft crimes can be of various kinds, whether by voice, video or photo. Acts as simple as answering a phone call with a “yes” can be the means used to commit cybercrimes.

The problem lies in the ease with which Artificial Intelligence can create identical profiles of people, generating content such as conversations, emails or messages.

Artificial Intelligence provides technical solutions to controversial situations, improving society in general. However, the application of the aforementioned Artificial Intelligence entails high risks that directly affect the fundamental guarantees of human beings.

For this reason, the regulations enacted on Artificial Intelligence must ensure the aforementioned rights, advocating responsible conduct and transparency.

The UN High Commissioner for Human Rights He pointed out that the different fields in which Artificial Intelligence is applied must be evaluated in addition to mitigating and combating possible negative effects such as discrimination, civil liberties and others.

Thus, it has been considered crucial that Human Rights be protected from Artificial Intelligence, which will require appropriate policies implemented by governments as well as other entities.

As an example, Human Rights must also be protected within commercial and business relations, in such a way that the use of Artificial Intelligence algorithms, operational processes or business models must respect these guarantees at all times.

In the event of a violation of Human Rights by Artificial Intelligence, States must take appropriate measures, imposing whatever sanctions are necessary.