Challenges to Fundamental Human Rights in the age of Artificial Intelligence Systems: Shaping the digital legal order while upholding Rule of Law principles and European values

Abstract

While there is no uniform definition of Artificial Intelligence (AI) or Artificial Intelligence Systems (AIS) in the European legal order at large – several attempts have been made to provide ‘all-encompassing but change-resistant’ definitions AIS’s serious impact on fundamental human rights is not doubtful anymore. For this reason, the European Declaration on Digital Rights and Principles for the Digital Decade proposes an anthropocentric interaction with such systems. As will be discussed in this paper, being human-centered in the field of AI and AIS can become more and more difficult, as we move along the path of digitalisation and algorithmisation. Taking this into account, this paper reviews the regulatory framework of AI and proposes potential new/renewed/modernised rights that should enhance and/or supplement the current catalogue of fundamental human rights, as contained inter alia in the EU Charter and the ECHR. This paper also argues that regulatory standards, especially in relation to AI, should be clearer and not be based on a half-hearted
approach or on a “muddling through”.14 Some wordings of rights and standards will be suggested in this paper.