scholarly journals ARTIFICIAL INTELLIGENCE’S ALGORITHMIC BIAS: ETHICAL AND LEGAL ISSUES

2021 ◽  
pp. 488-515
Author(s):  
Yu. S. Kharitonova ◽  
◽  
V. S. Savina ◽  
F. Pagnini ◽  
◽  
...  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Unintended Consequences ◽  
Ethical Principles ◽  
Individual Autonomy ◽  
Fair Competition ◽  
Algorithmic Bias

Introduction: this paper focuses on the legal problems of applying the artificial intelligence technology when solving socio-economic problems. The convergence of two disruptive technologies – Artificial Intelligence (AI) and Data Science – has created a fundamental transformation of social relations in various spheres of human life. A transformational role was played by classical areas of artificial intelligence such as algorithmic logic, planning, knowledge representation, modeling, autonomous systems, multiagent systems, expert systems (ES), decision support systems (DSS), simulation, pattern recognition, image processing, and natural language processing (NLP), as well as by special areas such as representation learning, machine learning, optimization, statistical modeling, mathematical modeling, data analytics, knowledge discovery, complexity science, computational intelligence, event analysis, behavior analysis, social network analysis, and also deep learning and cognitive computing. The mentioned AI and Big Data technologies are used in various business spheres to simplify and accelerate decision-making of different kinds and significance. At the same time, self-learning algorithms create or reproduce inequalities between participants in circulation, lead to discrimination of all kinds due to algorithmic bias. Purpose: to define the areas and directions of legal regulation of algorithmic bias in the application of artificial intelligence from the legal perspective, based on the analysis of Russian and foreign scientific concepts. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods such as the legal-dogmatic method and the method of interpretation of legal norms. Results: artificial intelligence has many advantages (it allows us to improve creativity, services and lifestyle, to enhance the security, helps in solving various problems), but at the same time it causes numerous concerns due to the harmful effects on individual autonomy, privacy, and fundamental human rights and freedoms. Algorithmic bias exists even when the algorithm developer has no intention to discriminate, and even when the recommendation system does not accept demographic information as input: even in the absence of this information, due to thorough analysis of the similarities between products and users, the algorithm may recommend a product to a very homogeneous set of users. The identified problems and risks of AI bias should be taken into consideration by lawyers and developers and should be mitigated to the fullest extent possible, both when developing ethical principles and requirements and in the field of legal policy and law at the national and supranational levels. The legal community sees the opportunity to solve the problem of algorithmic bias through various kinds of declarations, policies, and standards to be followed in the development, testing, and operation of AI systems. Conclusions: if left unaddressed, biased algorithms could lead to decisions that would have a disparate collective impact on specific groups of people even without the programmer’s intent to make a distinction. The study of the anticipated and unintended consequences of applying AI algorithms is especially necessary today because the current public policy may be insufficient to identify, mitigate, and remedy the effects of such non-obvious bias on participants in legal relations. Solving the issues of algorithmic bias by technical means alone will not lead to the desired results. The world community recognizes the need to introduce standardization and develop ethical principles, which would ensure proper decision-making with the application of artificial intelligence. It is necessary to create special rules that would restrict algorithmic bias. Regardless of the areas where such violations are revealed, they have standard features of unfair behavior of the participants in social relations and can be qualified as violations of human rights or fair competition. Minimization of algorithmic bias is possible through the obligatory introduction into circulation of data in the form that would not allow explicit or implicit segregation of various groups of society, i.e. it should become possible to analyze only data without any explicit attributes of groups, data in their full diversity. As a result, the AI model would be built on the analysis of data from all socio-legal groups of society.

scholarly journals ETHICAL PRINCIPLES OF INTERACTION WITH ARTIFICIAL INTELLIGENCE AS A BASIS OF LEGAL REGULATION

2020 ◽  
Vol 16 (3) ◽  
pp. 34-43
Author(s):  
Анна Попова
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Western Europe ◽  
The United States ◽  
Legal Regulation ◽  
Human Interaction ◽  
Ethical Principles ◽  
Necessary Condition ◽  
Robot Ethics ◽  
Dialectical Logic

The issues of legal regulation of legal and ethical principles of interaction between a person, society, and the state represented by state bodies are a necessary condition for guaranteeing constitutional norms that enshrine a person, his rights and freedoms as the highest value of the Russian Federation. AI, taking on the tasks of end-to-end and transparent state and municipal management based on Big data and using Artificial intelligence, is a special element in the emerging public relations, which we believe should be subject to the robot ethics and AI ethics, created like legal ethics. That is why the ethics of decision-making and actions of the AI itself, the ethics of those programmers who create algorithms that these systems use to operate and self-learn, the ethics of human interaction with cyberphysical and cognitive systems is a subject of legal regulation. Purpose: to analyze the current ethical principles of interaction between human and artificial intelligence, neural networks and smart robots, which are the basis for the formation of modern legislation in this area in the United States, Western Europe and East Asia. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods are used: comparative-legal, legal-dogmatic. Results: the study allows us to determine the essential features of human interaction ethics and ethics of AI software creators, professional ethics of AI system developers, and decision-making ethics based on a comparative legal analysis of existing ethical codes and other legal documents on the use and interaction with AI.

Criminal law as a means of protecting human rights and freedoms in the modern world

2021 ◽  
Vol 28 (3) ◽  
pp. 248-256
Author(s):  
Viktoriia V. Haltsova ◽  
Sergiy O. Kharytonov ◽  
Oleksandr M. Khramtsov ◽  
Oleksandr O. Zhytnyi ◽  
Andrii A. Vasyliev
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
Social Relations ◽  
Criminal Law ◽  
Legal Protection ◽  
Legal Regulation ◽  
Modern World ◽  
Legal Provisions ◽  
Protection Of Human Rights ◽  
Legitimate Interests

This paper is a comprehensive study of the problems of criminal law as a remedy for human rights and freedoms in the modern world. The relevance of this subject lies in the systematic violations of constitutional human rights and freedoms and the inaction of the criminal law in such cases. Nowadays, the criminal law as a remedy for human rights and freedoms in national and international law is described by imperfection in its adaptation to rapidly changing social relations, which, accordingly, leads to problems in their legal protection. There are various reasons for this in the legal sphere, such as gaps in the legal provisions, conflicts of legal regulation and inconsistency of the rules of legislation with existing public relations in the state. All of the above determines the relevance of the subject matter of this study. Thus, the purpose of this study was a comprehensive analysis of theoretical and applied issues relating to the remedies for human rights and legitimate interests against socially dangerous encroachments, and the formulation of scientifically sound proposals for improving the current legislation of Ukraine and the practice of its application in this area. Ultimately, this study identified the legal characteristics of human rights and freedoms at both the national and international levels. The remedies for rights were demonstrated through the lens of criminal law. In addition, the study analysed the forms of implementation of international practice in the national legislation of Ukraine as a remedy for human rights and freedoms in the modern world. The significance of the results of this study was expressed in the further research of related subjects concerning this issue, namely the history of the development of EU criminal law standards and the historical establishment of the concept of human and citizen rights and legitimate interests. Furthermore, the materials of this study can be used in the preparation of educational materials, methodological recommendations, as well as training in various fields of legal science. This, in turn, will allow properly using the criminal law protection of human rights and freedoms without violations on the part of criminal justice bodies

scholarly journals LEGAL REGULATION OF THE USE OF ARTIFICIAL INTELLIGENCE IN NOTARY AND CIVIL PROCESSES AS AN ELEMENT PROTECTION AND PROTECTION OF THE RIGHTS OF RESIDENTS (RESIDENTS) OF THE TEMPORARILY OCCUPIED TERRITORIES OF UKRAINE

2020 ◽  
pp. 447-456
Author(s):  
Г. В. Луцька
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Computer Programs ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Civil Process ◽  
Procedure Code ◽  
Occupied Territories ◽  
Intelligent Computer ◽  
Autonomous Republic

The article considers the problem of application of artificial intelligence in the law of Ukraine in general and in the notarial and civil process in particular. The legal consequences of the legal regime of temporary occupation of some territories of Ukraine are indicated and the ways to eliminate obstacles in the protection and defense of the rights of citizens of Ukraine in these territories are determined. The legal construction of «artificial intelligence» is studied and its types are offered. The conclusion about the expediency of using intelligent computer programs, intelligent information technologies as types of artificial intelligence in notarial and executive processes is substantiated. It is proposed to consider the use of artificial intelligence in notarial and civil proceedings for citizens of Ukraine living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions, within the limits, in the manner and in the manner prescribed by law of Ukraine. It is proved that the introduction of artificial intelligence through the mechanism of protection and defense of human and civil rights and freedoms in the civil process must be adapted to social relations that arise and exist, not violate the constitutional rights and freedoms of man and citizen in Ukraine and have a legal basis. Based on the scientific and practical analysis of the Civil Procedure Code of Ukraine, it is proposed for citizens of Ukraine living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions to establish that lawsuits, separate and injunctive proceedings are entirely online. The procedure (procedure) and features of such proceedings with the use of various types of artificial intelligence (such as chatbots and other information intelligence technologies) should be defined in the Civil Procedure Code of Ukraine. It is noted that the introduction of the above mechanism to protect and defend the rights of citizens living in the Autonomous Republic of Crimea or in the occupied territories of Donetsk and Luhansk regions through intelligent computer programs will require proper maintenance and support of such programs to prevent leakage of information, leakage of personal data, etc. The conclusion is substantiated that e-litigation and remote notarial proceedings will increase the effectiveness of notarial and judicial forms of protection and protection of rights and make these state forms of protection more flexible, able to anticipate the peculiarities of procedural actions involving residents of the temporarily occupied territories.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals IMPLEMENTATION OF THE RIGHT TO HEALTH CARE IN THE COUNTRIES OF THE EUROPEAN UNION

2019 ◽  
Vol 72 (7) ◽  
pp. 1337-1342
Author(s):  
Yuliya Nazarko ◽  
Oleksandr Iliashko ◽  
Natalіa Kaminska
Keyword(s):  
Health Care ◽  
European Union ◽  
Human Rights ◽  
Social Relations ◽  
Legal Regulation ◽  
Right To Health ◽  
The European Union ◽  
Right To Health Care ◽  
Legal Standards ◽  
The Right

Introduction: The right to health is exercised through a complex system of state and social measures of legal, economic, social, scientific, cultural, educational, organizational, technical, sanitary and hygienic nature, aimed at preserving and improving the health of people , lengthening the life expectancy and working capacity, creating good living and working conditions, providing physical and mental development for children and young people, and preventing and managing illnesses and their treatment. The aim: Investigate the international legal and constitutional legal regulation of the right to health care in the countries of the European Union. Materials and methods: The article analyzes the Constitution of the European Union, a number of international legal acts and judgments of the European Court of Human Rights. Review: Each country defines the conditions for realizing the right to health care, according to which people should be healthy, the state itself assumes the obligations of the controller and the protection of this right. These provisions should primarily be enshrined in the Basic Laws - the constitutions. The main direction of state policy in reforming social relations is the achievement of European international legal standards in all spheres of public life. These standards fix the principles, guarantees of norms that determine the scope of human rights, in particular the right to health care. Conclusions: The main problem of ensuring and realizing the right to health in the European Union, as in many countries, is the financing of this industry, because in general, it is impossible to talk about free medical care in the European Union. There are also problems in the field of investment in health care. The urgent issues of primary health care and public health and the elderly dependence period.

scholarly journals Strengthening legal protection against discrimination by algorithms and artificial intelligence

2020 ◽  
Author(s):  
Frederik Zuiderveen Borgesius
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Human Rights ◽  
Data Protection ◽  
Legal Protection ◽  
Indirect Discrimination ◽  
General Rules ◽  
Data Protection Law ◽  
The Right

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.

scholarly journals Legal Regulation of the Use of Artificial Intelligence: Problems and Development Prospects

2021 ◽  
Vol 10 (1) ◽  
pp. 281
Author(s):  
Olena Yara ◽  
Anatoliy Brazheyev ◽  
Liudmyla Golovko ◽  
Viktoriia Bashkatova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Human Activity ◽  
Code Of Ethics ◽  
Legal Regulation ◽  
Advantages And Disadvantages ◽  
Development Prospects

The article considers the advantages and disadvantages of using artificial intelligence (AI) in various areas of human activity. Particular attention was paid to the use of AI in the legal field. Prospects for the use of AI in the legal field were identified. The relevance of research on the legal regulation of the use of AI was proved. The use of AI raises an important problem of the compliance with general principles of ensuring human rights. Emphasis is placed on the need to develop and use a Code of ethics for artificial intelligence and legislation that would prevent its misapplication and minimize possible harmful consequences.

scholarly journals PARTICULAR ASPECTS OF THE NECESSITY OF LEGAL REGULATION OF ARTIFICIAL INTELLIGENCE IN UKRAINE

Legal Ukraine ◽  
2021 ◽  
pp. 6-24
Author(s):  
Kseniia Zhyhalova
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Intellectual Property ◽  
National Security ◽  
Key Words ◽  
Data Protection ◽  
Legal Regulation ◽  
Protection Of Human Rights ◽  
Security Questions

The purpose of the study was to demonstrate particular legal and objective reasons for necessity and expediency of legal regulation advancement, development and usage of Artificial Intelligence (AI) in Ukraine. Chapter 1 «Understanding of Artificial Intelligence» gives examples of AI applications, doctrinal and diverse legal definitions of AI. Chapter 2 «Necessity and Expediency of legal regulation of Artificial Intelligence in Ukraine» shows the necessity of legal regulation, exemplifies the gaps in current legislation. This Chapter demonstrates that it is paramount to establish protection of IP rights within AI legal relationships in Ukraine. Also, Chapter 2 analyzes particular issues in AI and national, international and social security, questions of data protection. Chapter 3 «Conclusion» demonstrates that absence of specific AI regulation could potentially lead to numerous problems in public/private sectors, for economics, businesses, civilians. Key words: Artificial Intelligence (AI), legal regulation of AI, intellectual property (IP) protection, national security, protection of human rights and freedoms, data protection.

End of life decision making in healthcare in the prism of Council of Europe’s Human Rights Standards

2021 ◽  
Vol 2(24) ◽  
pp. 137-155
Author(s):  
Daria Bieńkowska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
End Of Life ◽  
Assisted Suicide ◽  
Individual Autonomy ◽  
Council Of Europe ◽  
The Subject ◽  
Human Rights Standards ◽  
End Of Life Decision ◽  
Life Decision

The issue of decisions made at the end of life relating to the so-called “Right to death”, “death in dignity”, which in the literature on the subject is referred to as end-of-life decision making in the legal and medical space, arouses the interest of lawyers and doctors, and due to the specific gravity of the topic, it is also the subject of public debate. This article presents the issue of end-of-life decision making in health care in the light of the standards of the Council of Europe. The main purpose of the problem outlined in this way will be to analyze the legal admissibility of decisions concerning the end of life at the request of the interested person in the legal and human perspective. The summary indicates that despite the lack of a consensus in contemporary Europe as to the understanding of human rights, and hence the admissibility of active euthanasia and assisted suicide, the situation may change with the increasing emphasis on individual autonomy in medical law.

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