CBDC, Inteligența Artificială și identitatea digitală. Drepturile omului și riscul controlului penal anticipativ
CBDCs, Artificial Intelligence and digital identity. Human Rights and the risk of anticipatory penal control

Summary/Abstract: Central bank digital currencies (CBDCs) are increasingly being considered as instruments for modernising payment systems, preserving the role and security of public money. Their legal relevance becomes more complex when CBDCs are linked to artificial intelligence (AI) and verified digital identity, as this integration may create risks for human rights. The analysis focuses on privacy, economic autonomy, equality of treatment, due process and criminal-procedural guarantees. The study uses a qualitative, normative-analytical and comparative method. It draws on research materials, institutional, European jurisprudence and selected comparative experiences from Nigeria, China and the EU. The ongoing debates on the digital euro show that practical issues with public trust, user profiling, portfolio limitations and traceability have already surfaced in pilot implementations or regulatory discussions. These examples provide a preliminary empirical basis for assessing the potential for preemptive restrictions and highlight the need for careful legal scrutiny. The analysis shows that the main legal risk arises not from CBDCs as public digital money per se but when payment data, verified identity and automated valuation become interoperable in a centralised or highly traceable system. In such an environment, individuals can be monitored, profiled or restricted before there is concrete suspicion of illegal behaviour, conceptualising this risk as a prior criminal check.

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