UMJETNA INTELIGENCIJA I ZAŠTITA POTROŠAČA – PRIMJER PROCJENE KREDITNE SPOSOBNOSTI
ARTIFICIAL INTELLIGENCE AND CONSUMER PROTECTION – EXAMPLE ON CREDITWORTHINESS ASSESSMENT

Summary/Abstract: Artificial intelligence (AI) refers to systems that display intelligent behaviour by analysing their environment and taking actions – with some degree of autonomy – to achieve specific goals. As artificial intelligence rapidly infiltrates into various sectors, including the financial services, regulators are facing the challenge of adequate legal regulation so that subjects could have confidence in technology that has the ability to make autonomous decisions. The umbrella act by which the European Union seeks to regulate the application of artificial intelligence is the Regulation laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). When it comes to business to-consumers transactions the mass use of AI-enabled tools should, among other, be harmonized with consumer legislation. Bearing in mind the Artificial Intelligence Act, the new Directive (EU)2023/2225 on consumer credits includes a provision that grants certain consumer rights in the case of the use of AI tools for creditworthiness assessments. The aim of the article is to analyze the new provisions of Directive (EU) 2023/2225 related to the creditworthiness assessment when it involves the use of automated processing of personal data in order to determine how the new rules affect the legal position of the consumer debtor.

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