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Artificial Intelligence: Human Rights
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.
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Artificial intelligence: Challenges in the criminal field
Artificial Intelligence is applicable to all fields of the legal world. In the field of criminal law, Artificial Intelligence is used in criminal investigation, which poses a challenge for consultants and lawyers to the extent that they must respect the fundamental rights of any person.
One of the main risks of Artificial Intelligence applied to Criminal Law is the lack of transparency in its use , which would damage the principle of defense and that is, we have to answer such basic questions as, Are we willing to let an Artificial Intelligence decide on our right to defense?
It is one thing to use Artificial Intelligence for entertainment or other fields, and another to apply it directly to criminal investigations through the use of algorithmic systems that make decisions related to the judiciary and even the police.
Artificial intelligence and civil liability: Autonomous vehicles
As has been observed, Artificial Intelligence is a complex system of algorithms that aim to develop tasks carried out by humans and even simulate them.
It is for this reason that Artificial Intelligence has had an impact in the automotive field, developing autonomous vehicles without the need for the driver to interact with the vehicle for it to transport him as it had been doing.
However, although Artificial Intelligence brings with it advantages, the truth is that it also entails risks, including civil liability of Artificial Intelligence.
This civil liability, now applied to the automobile sector, can also be used in other areas such as the healthcare sector (see: robot that carries out an operation and, by making a mistake, causes the death of a patient).
The current legislation on civil liability is obsolete to the extent that it is not adapted to the new reality, which causes a series of legal loopholes and leaves its resolution at the mercy of future jurisprudence and doctrine.
Autonomous vehicles are characterized by programming previously developed by manufacturers, as well as a lack of human control when driving the vehicle.
Artificial intelligence: intellectual property
The growth of Artificial Intelligence has been palpable for some years now, which means that its developers want to register their inventions in the appropriate Offices.
In particular, as WIPO points out, more than one and a half million scientific inventions related to Artificial Intelligence have been published in recent times, belonging to different sectors such as entertainment, security, agriculture or networks, among others.
For its part, most of the Artificial Intelligence records belong to Japanese and American companies, highlighting, among others IBM or Microsoft . Also, other entities such as Toyota, Bosch or Samsung are leading the patent registration in this field. As for the ownership of these, not only private companies prevail, but also public institutions and universities, with China and Korea standing out, among others.
This is therefore a key market for innovation, which has given rise to various challenges, some of which are related to Intellectual Property (understood from a broad perspective).
Artificial Intelligence: Protection of personal data
Artificial Intelligence is a tool used today, using the data provided thanks to the implementation of other technological techniques such as Big Data, IoT …
This data collection must be carried out in accordance with good practice, being transparent and respecting people's rights, being rigorous and minimising the negative impact.
The Spanish Data Protection Agency developed a document called “ GDPR Compliance with Processing Incorporating Artificial Intelligence. An Introduction ”, which establishes how data should be processed in the event that Artificial Intelligence is incorporated.