Hardback
Artificial Intelligence and International Human Rights Law
Developing Standards for a Changing World
9781035337927 Edward Elgar Publishing
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com.
The open access publication has been financially supported by Nicolaus Copernicus University in Toruń as part of the research project: “Freedom or Security? Legal and Ethical Dilemmas of New Digital Technologies - the Perspective of International Human Rights Law and Security Policies” (IDUB grant, “Inter disciplinas excellentia”)
This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it addresses vital questions on where accountability and responsibility for AI-related violations of human rights should lie.
The open access publication has been financially supported by Nicolaus Copernicus University in Toruń as part of the research project: “Freedom or Security? Legal and Ethical Dilemmas of New Digital Technologies - the Perspective of International Human Rights Law and Security Policies” (IDUB grant, “Inter disciplinas excellentia”)
This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it addresses vital questions on where accountability and responsibility for AI-related violations of human rights should lie.
More Information
Critical Acclaim
Contents
More Information
This book explores how international organizations have addressed the actual and potential human rights issues caused by AI technologies. Combining in-depth theoretical and doctrinal analysis with a pragmatic approach, it investigates vital questions on where accountability and responsibility for AI-related violations of human rights should lie.
Expert contributors examine the evolution, strengths, weaknesses and loopholes of international guidelines and standard-setting initiatives for AI by the United Nations, Council of Europe and European Union. Chapters focus on key situations in which the use of AI raises human rights concerns, including AI-supported decision-making in healthcare, public administration and cases of asylum; the use of facial recognition software; and the creation of deepfakes. Ultimately, the book highlights the need to establish effective oversight systems and adaptable remedies to protect human rights as AI continues to develop.
Demonstrating the significant implications of AI technology in all areas of human life, this book is a vital resource for academics and students of international human rights law and European law. It is also an important read for policymakers and professionals interested in data security and the utilization of AI-powered solutions.
Expert contributors examine the evolution, strengths, weaknesses and loopholes of international guidelines and standard-setting initiatives for AI by the United Nations, Council of Europe and European Union. Chapters focus on key situations in which the use of AI raises human rights concerns, including AI-supported decision-making in healthcare, public administration and cases of asylum; the use of facial recognition software; and the creation of deepfakes. Ultimately, the book highlights the need to establish effective oversight systems and adaptable remedies to protect human rights as AI continues to develop.
Demonstrating the significant implications of AI technology in all areas of human life, this book is a vital resource for academics and students of international human rights law and European law. It is also an important read for policymakers and professionals interested in data security and the utilization of AI-powered solutions.
Critical Acclaim
‘The pace at which AI is developing and having an impact on our lives and work is astonishing. Legal systems and policies are only slowly adjusting. Nevertheless, a number of international organizations, like the United Nations, the Council of Europe and the European Union, have been carefully preparing regulatory responses. The contributions to the present book aptly analyze these efforts and the most pressing human rights challenges that AI poses. They provide important pointers to the question how international and European human rights systems can become more fully prepared for the new era.’
– Jan Wouters, KU Leuven, Belgium
‘The role of increasingly smart AI has resulted in amazing benefits for humanity but at the same time, has shown the potential to erode human rights afforded to individuals under constitutions and international law. This important and timely book provides a comprehensive discussion of how AI is affecting our basic human rights which I view as one of the most compelling topics for humanity to consider. The book will give the reader a thorough understanding of current international efforts to regulate AI from the perspective of human rights and with applications to democratic institutions, healthcare, data protection, copyright law, and other important topics. The book will be a valuable source to reference on how international human rights law is challenged by increasingly smart AI.’
– Woody Barfield, Editor, The Cambridge Handbook of the Law of Algorithms and Co-Author, Advanced Introduction to Law and Artificial Intelligence
‘This book provides a valuable contribution to the international discussion on standard-setting and regulation in this important field. It brings together an impressive number of authors on a large variety of pertinent aspects of the topic. It provides an interesting account of the discussions and processes behind the final texts agreed upon as well as important studies of the related issues.’
– Wolfgang Benedek, University of Graz, Austria
– Jan Wouters, KU Leuven, Belgium
‘The role of increasingly smart AI has resulted in amazing benefits for humanity but at the same time, has shown the potential to erode human rights afforded to individuals under constitutions and international law. This important and timely book provides a comprehensive discussion of how AI is affecting our basic human rights which I view as one of the most compelling topics for humanity to consider. The book will give the reader a thorough understanding of current international efforts to regulate AI from the perspective of human rights and with applications to democratic institutions, healthcare, data protection, copyright law, and other important topics. The book will be a valuable source to reference on how international human rights law is challenged by increasingly smart AI.’
– Woody Barfield, Editor, The Cambridge Handbook of the Law of Algorithms and Co-Author, Advanced Introduction to Law and Artificial Intelligence
‘This book provides a valuable contribution to the international discussion on standard-setting and regulation in this important field. It brings together an impressive number of authors on a large variety of pertinent aspects of the topic. It provides an interesting account of the discussions and processes behind the final texts agreed upon as well as important studies of the related issues.’
– Wolfgang Benedek, University of Graz, Austria
Contents
Contents
List of contributors vii
Foreword xii
Gabriela Ramos
Introduction: AI and international human rights law 1
Michał Balcerzak and Julia Kapelańska-Pręgowska
PART I EFFORTS OF INTERNATIONAL ORGANIZATIONS
1 Implications of the United Nations human rights standards
for the development of artificial intelligence 6
Michał Balcerzak
2 Council of Europe standards and activities related to AI:
towards a Framework Convention on AI and human rights? 25
Elżbieta Hanna Morawska
3 Navigating the AI landscape in the EU: fostering
innovation while upholding ethical principles 45
Piotr Staszczyk
PART II AI AND HUMAN RIGHTS: SPECIFIC ISSUES
AND WAYS TO ADDRESS THEM
4 A rights-based approach to automated decision-making in
the public sector 69
Marya Akhtar and Rikke Frank J¿rgensen
5 Pegasus contra democratic process: experience from Europe 86
Agnieszka Bień-Kacała
6 AI in healthcare and biomedical sciences: the need for
human rights impact assessment 103
Julia Kapelańska-Pręgowska, Emilia Sarnacka and
Katarzyna Syroka-Marczewska
7 European Union data protection law and the use of facial
recognition technology for the purpose of fighting crime 124
Joanna Mazur and Zuzanna Choińska
8 Deepfakes: new challenges for law and democracy 145
Ewa Michałkiewicz-Kądziela
9 The evolution of copyright in the age of artificial
intelligence: challenges and perspectives 158
Ewa Milczarek
10 Enhancing human rights accountability of algorithmic
media: an African perspective on inclusive regulation 171
Anne Oloo
11 Artificial intelligence and the right to an effective remedy 196
Maria O’Sullivan
12 Work-related human rights and artificial intelligence 214
Joanna Rezmer
13 Protection of consumers against abuse of artificial
intelligence in electronic trade: the scalper bots case 231
Maciej Jerzy Siwicki
14 Artificial intelligence and the right to a fair trial 250
Tomasz Sroka
15 Artificial intelligence and international humanitarian law
in the work of the parties to the Conventional Weapons
Convention: lethal autonomous weapons 278
Agnieszka Szpak
16 Exploring the challenges of artificial intelligence in
refugee status determination: a human rights approach 294
Lutiana Valadares Fernandes Barbosa and
Ana Lu’sa Zago de Moraes
17 AI in court: the promotion and regulation of information
technology in China’s Smart Court movements 309
Peng Wang and Guannan Qu
List of contributors vii
Foreword xii
Gabriela Ramos
Introduction: AI and international human rights law 1
Michał Balcerzak and Julia Kapelańska-Pręgowska
PART I EFFORTS OF INTERNATIONAL ORGANIZATIONS
1 Implications of the United Nations human rights standards
for the development of artificial intelligence 6
Michał Balcerzak
2 Council of Europe standards and activities related to AI:
towards a Framework Convention on AI and human rights? 25
Elżbieta Hanna Morawska
3 Navigating the AI landscape in the EU: fostering
innovation while upholding ethical principles 45
Piotr Staszczyk
PART II AI AND HUMAN RIGHTS: SPECIFIC ISSUES
AND WAYS TO ADDRESS THEM
4 A rights-based approach to automated decision-making in
the public sector 69
Marya Akhtar and Rikke Frank J¿rgensen
5 Pegasus contra democratic process: experience from Europe 86
Agnieszka Bień-Kacała
6 AI in healthcare and biomedical sciences: the need for
human rights impact assessment 103
Julia Kapelańska-Pręgowska, Emilia Sarnacka and
Katarzyna Syroka-Marczewska
7 European Union data protection law and the use of facial
recognition technology for the purpose of fighting crime 124
Joanna Mazur and Zuzanna Choińska
8 Deepfakes: new challenges for law and democracy 145
Ewa Michałkiewicz-Kądziela
9 The evolution of copyright in the age of artificial
intelligence: challenges and perspectives 158
Ewa Milczarek
10 Enhancing human rights accountability of algorithmic
media: an African perspective on inclusive regulation 171
Anne Oloo
11 Artificial intelligence and the right to an effective remedy 196
Maria O’Sullivan
12 Work-related human rights and artificial intelligence 214
Joanna Rezmer
13 Protection of consumers against abuse of artificial
intelligence in electronic trade: the scalper bots case 231
Maciej Jerzy Siwicki
14 Artificial intelligence and the right to a fair trial 250
Tomasz Sroka
15 Artificial intelligence and international humanitarian law
in the work of the parties to the Conventional Weapons
Convention: lethal autonomous weapons 278
Agnieszka Szpak
16 Exploring the challenges of artificial intelligence in
refugee status determination: a human rights approach 294
Lutiana Valadares Fernandes Barbosa and
Ana Lu’sa Zago de Moraes
17 AI in court: the promotion and regulation of information
technology in China’s Smart Court movements 309
Peng Wang and Guannan Qu
