Wyzwania prawne sztucznej inteligencji
12/2022 13 () Zeszyty Programu Top 15
Due to the development of new technologies, ever more machines and computer programs operate in a manner similar to people. The machines and computer programs are programmed to learn from experience and carry out specific tasks. Although new technologies are created to improve the conditions of human life, there are various risks associated with using them. Their potentially improper operation can be catastrophic. Consequences can include loss of funds, strengthening negative stereotypes, increasing economic inequality, and even the death of people. As a result, the creators of technologies based on artificial intelligence (hereinafter also referred to as “AI”) must make exceptional efforts to develop a concept of protection against such events at the design stage. These risks arise mainly in four areas: product liability, copyright, personal data protection and ethics. Misuse or failure of artificial intelligence can lead to damages, including loss of funds, property damage and even death. Therefore, it is necessary to answer the question of who will be liable for such events and on what basis the liability will be determined. There are also doubts with respect to copyrights to works created by artificial intelligence in the course of its operation. On the one hand, the program itself cannot create anything without source data. On the other hand, not all source data is valuable and it may happen that only the operation of AI creates a value. Therefore, it is necessary to evaluate how much the source data contributed to the creation of the work and what the artificial intelligence itself contributed to. The issue of proper processing of personal data as part of the operation of artificial intelligence should be considered as well. Data such as the image of a natural person, their name and surname and other personal data are subject to particular protection. Nevertheless, due to the wide use of artificial intelligence, there is a risk of their violation. The use of artificial intelligence also involves risks in the area of ethics. In a given program, the creator can “plant the seeds” of his prejudices, creating or deepening social inequalities and negative stereotypes. The above risks may materialize in various areas of law. It can be both criminal law (e.g. when, as a result of a faulty operation of artificialintelligence, a person is unintentionally caused to die) and civil law (e.g. when, as a result of the operation of artificial intelligence, damage was caused and the injured party demands indemnification). At the same time, the area of artificial intelligence, being relatively new, is not yet subject to separate legal regulations. At the level of international organizations, various activities have been carried out for several years to identify potential risks related to the operation of artificial intelligence and to minimize them through the proposed solutions. The aim of this article is to identify the challenges related to artificial intelligence and to try to answer the question whether the designed solutions have a chance to answer all identified challenges.
Kamińska, Barbara (2022). Wyzwania prawne sztucznej inteligencji. (2022). Wyzwania prawne sztucznej inteligencji. Zeszyty Programu Top 15, 13, 74-91. https://doi.org/10.7206/978-83-66502-10-9.top4 (Original work published 12/2022AD)
Kamińska, Barbara. “Wyzwania Prawne Sztucznej Inteligencji”. 12/2022AD. Zeszyty Programu Top 15, vol. 13, 2022, pp. 74-91.
Kamińska, Barbara. “Wyzwania Prawne Sztucznej Inteligencji”. Zeszyty Programu Top 15, Zeszyty Programu Top 15, 13 (2022): 74-91. doi:10.7206/978-83-66502-10-9.top4.