Column "Digital health and Artificial Intelligence"
This section aims to provide an analysis of the legal issues related to artificial intelligence, with a particular focus on healthcare.
The aspects of privacy and ethics related to the use of AI systems will be addressed, also through cases covered by global news.
Confidentiality of conversations with AI: what happens to the data we enter as prompts?
Many of us use AI systems in our daily lives and at work. But are we sure we know what happens to the data we enter as prompt, especially when it comes to personal data, information covered by property rights or trade secrets? In this article, we look at the confidentiality of conversations with AI systems and their legal implications.
Automation of Tender Procedures and Human Oversight
The use of automation, algorithms and Artificial Intelligence I in public procurement can optimise tendering processes. However, this must be counter-balanced by the principle of human oversight, which ensures human control over the process and thus the legitimacy, transparency and fairness of administrative action.
Should you disclose that you used an AI system to generate content? Transparency obligations for deployers
It is now common practice in the workplace to generate content using AI tools. However, there is some confusion about whether this practice is allowed and what restrictions are placed on users of AI systems. In this article, we will discuss the specific transparency obligations that the EU Regulation on Artificial Intelligence (AI Act) imposes on deployers in professional settings, such as advertising.
Profiling, monitoring and automated decision-making: work-related risks
One of the areas most affected by the introduction and diffusion of Artificial Intelligence systems is undoubtedly the work sector. In fact, the use of AI technologies in this sector can range from the pre-employment phase (such as the search and selection of personnel) to the management of the employment relationship (such as job changes, promotions, transfers, performance monitoring, etc.) and its termination (i.e. whether or not to proceed with dismissal). Artificial intelligence can also be an effective work tool, supporting the functionalities of health and safety equipment or assisting workers themselves in performing their tasks. But while the potential of this tool is enormous, we must also be aware of the risks associated with its use. The concrete risks include the invasive monitoring of workers, their systematic profiling and automatic decision-making that can lead to discriminatory treatment. Let us look at them in detail.
Who is the author? human or artificial intelligence?
Many digital works, but also many inventions, are now created using artificial intelligence. If these creations have the characteristics typical of a work of the intellect, such as creativity, novelty and so on, who should be granted the intellectual property rights? This is by no means a trivial economic question.
Protecting intellectual property and developing AI systems: can they coexist?
If data is critical to the training and development of AI systems, how are the owners of intellectual property rights protected? Can intellectual property rights be reconciled with the 'data voracity' of AI systems?
High-risk AI systems and medical devices: data governance
The Proposal on artificial intelligence regulates in detail systems classified as high risk, which includes medical devices. We analyse the implications of a high-risk artificial intelligence system from a data governance perspective.
Artificial Intelligence and data protection: a possible coexistence?
The aim of European legislation on AI is to ensure - as stated in the Explanatory Memorandum of the Proposal for a Regulation on AI - that 'European citizens can benefit from new technologies developed and operated in accordance with the values, fundamental rights and principles of the Union'. Among these rights, the right to the protection of personal data certainly plays a primary role.
The new European rules on artificial intelligence
The European Union aims to be a world leader in the development of safe, reliable and ethical artificial intelligence (Recital 5). Last April, it published the Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain pieces of Union legislation. We analyse the most relevant aspects.
Can the work created by artificial intelligence be protected?
The use of artificial intelligence systems in the cultural and technological field innovation has grown considerably, and will certainly continue to develop over the next few years. In this article we shall analyze the possible protection provided for a work realized autonomously by the AI.