HUMAN RIGHTS LEGAL PROTECTION AGAINST DISCRIMINATION BY ALGORITHMS AND ARTIFICIAL INTELLIGENCE

Modern societies are far away from being perfect, dealing for years with problems such as discrimination based on gender or race. Due to the fact that Artificial Intelligence technologies “learn” how to act from the available (and biased) data, more than often these technologies reproduce in their results the existing problems in our societies. This thesis examines the complex intersection of discrimination, artificial intelligence (AI), and human rights and uncovers the opportunities as well as challenges posed by the digital age. This raised the alarms in the legal realm, where many voices warned about the AI capacity to impact negatively in a variety of human rights. As a technology, AI constitutes a great one. It can be incorporated in almost any kind of human activity, that is why balancing AI with a strong legal framework mindful of human rights will become increasingly important in the near future. AI is first defined, analyzing how it works and the mechanics behind it. Highlight and determine how such issues include: algorithmic transparency, cybersecurity vulnerabilities, unfairness, bias and discrimination, lack of contestability,legal personhood issues, intellectual property issues, adverse effects on workers, privacy and data protection issues, liability for damage and lack of accountability. The article uses the frame of ‘vulnerability’ to consolidate the understanding of critical areas of concern and guide risk and impact mitigation efforts to protect human well-being. Second, we examine the manifestations of AI-driven discrimination through consideration of actual cases. The need for legislation to prevent abuses and ensure transparency is highlighted. This research is motivated by the following question: “is the established EU human rights legal framework able to cope with the challenges for non-discrimination introduced by AI?” Several features of AI and machine learning systems will be addressed. Their functioning as well as some basic concepts will be examined. The analysis will continue addressing legal issues that test the suitability of the EU approach towards non-discrimination as the ideal framework to face the upcoming AI challenges. Questions such as those concerning trade secrecy law and its implications for accountability and redressal will be examined. Finally, international law and institutions dealing with regulation of AI are examined, with a specific emphasis on experiences in the United States and China, drawing comparisons and contrasting legal implications. The concluding section deals with the European Union, presenting the steps already taken to safeguard citizens' rights and the need for proper regulation.