La Unión Europea ante inteligencia artificial: aspectos legales, éticos y sociales en Polonia y España y nuevas perspectivas legislativas
The European Union and artificial intelligence: legal, ethical and social aspects in Poland and Spain and new legislative perspectives
Contributor(s): Maria Supera-Markowska (Editor)
Subject(s): Politics / Political Sciences, Law, Constitution, Jurisprudence, EU-Approach / EU-Accession / EU-Development, EU-Legislation
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: artificial intelligence; law of AI; humans rights; international law
Summary/Abstract: The publication presents regulatory challenges related to artificial intelligence from the perspective of different areas of law. The use of AI both offers many benefits and poses numerous threats and dilemmas that the law cannot ignore. The authors, whose texts have been collected in this publication, propose an approach to the regulation of artificial intelligence at the European Union level and its universal values, in particular human rights. They discuss the consequences of introducing AI for socio-economic life in the private and professional sphere, as well as the changes in the economy and functioning of public administration.
- E-ISBN-13: 978-83-235-6447-8
- Print-ISBN-13: 978-83-235-6439-3
- Page Count: 242
- Publication Year: 2024
- Language: Spanish
Prefacio
Prefacio
(Introduction)
- Author(s):Maria Supera-Markowska
- Language:Spanish
- Subject(s):Politics / Political Sciences
- Page Range:7-16
- No. of Pages:10
Reglamento de la UE en materia de inteligencia artificial (Ley de IA) como expresión de la actitud europea hacia la regulación de la IA
Reglamento de la UE en materia de inteligencia artificial (Ley de IA) como expresión de la actitud europea hacia la regulación de la IA
(Regulation of the European Union on artificial intelligence (AI Act) as the expression of the European approach towards AI)
- Author(s):Dorota Pielak
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:17-38
- No. of Pages:22
- Keywords:artificial intelligence; law on artificial intelligence
- Summary/Abstract:The article describes the pending legislative process in the European Union which leads towards adoption of the Regulation of the EU on artificial intelligence (AI Act). It places the future European law on AI in an axiological, social, as well as geopolitical context, comparing it to the contemporary actions of US and China authorities in the scope of artificial intelligence regulations. It highlights the underlying values of the future European AI Act, as well as describes the non-binding documents which preceded the legislative project in question. Furthermore, as a brief introduction to the reader of the artificial intelligence subject, the article aims to clarify some technical terms, relevant in the field of artificial intelligence from a practical point of view.
- Price: 6.50 €
Consideraciones generales sobre los derechos humanos y la inteligencia artificial a la luz del ordenamiento jurídico internacional
Consideraciones generales sobre los derechos humanos y la inteligencia artificial a la luz del ordenamiento jurídico internacional
(General considerations of human rights and artificial intelligence in the light of the international legal order)
- Author(s):Carlos Gil Gandía
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:39-54
- No. of Pages:16
- Keywords:humans rights; artificial intelligence; treaty; international law
- Summary/Abstract:As a legal analysis, this work analyzes in general the challenges caused by artificial intelligence in relation to human rights. The focus of this work is therefore on international law as a legal system in order to highlight the current state of the relationship between artificial intelligence and human rights, and, where appropriate, to recommend improvements.
- Price: 6.50 €
Inteligencia artificial en el proceso judicial penal y el derecho al debido proceso
Inteligencia artificial en el proceso judicial penal y el derecho al debido proceso
(Artificial intelligence in the criminal procedure and the right to a due process of law)
- Author(s):Marcel Joan Gutiérrez Bartoszewski
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:55-70
- No. of Pages:16
- Keywords:artificial intelligence; criminal procedure; due process of law; procedural safeguards
- Summary/Abstract:The article identifies and analyses various procedural problems regarding artificial intelligence in the criminal procedure. Firstly, the use of artificial intelligence at the stage of evidence collection and assessment is discussed; at this stage its function is to improve the efficiency of auxiliary sciences, it is not applied directly. The lack of expressis verbis regulation at the stage of collecting and assessing evidence is highlighted. Nextly, possible applications of artificial intelligence at the stage of legal argumentation and decision are observed. At the stage of legal argumentation and decision two types of artificial intelligence systems can be identified: those supporting the judge by conducting data analysis (like for example the COMPAS system) and those designed to replace the judge. Finally, certain threats to the due process of law resulting from the application of artificial intelligence are assessed. The text concludes by accentuating that implementing artificial intelligence algorithms can be a chance to streamline the criminal process according to the law’s ratio legis, yet only if these algorithms are subject to human control.
- Price: 6.50 €
La revolución del brain-reading: desvelando los horizontes neurotecnológicos de la responsabilidad penal
La revolución del brain-reading: desvelando los horizontes neurotecnológicos de la responsabilidad penal
(The rising era of brain-reading: Unveiling the neurotechnological horizons of criminal liability)
- Author(s):Janna da Nóbrega Souza
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:71-95
- No. of Pages:25
- Keywords:artificial intelligence; criminal responsibility; neuroscience
- Summary/Abstract:In the sphere of criminal law, the adjudication of criminal responsibility is substantiated through the analysis of two foundational capacities: the understanding of the unlawful act (cognitive) and alignment in accordance with said understanding (volitional). Within the framework of judicial practice, these elements are amenable to interpretation with the collaborative involvement of experts, albeit the common incidence of discrepancies among them. This, in turn, exerts influence over a comprehensive assessment. The origin of these disparities is deeply rooted in cognitive biases, as well as in racial/ethnic origin and professional background. The introduction of brain-reading techniques has as its primary purpose the pursuit of objectivity by substituting the observation of behavior with the examination of brain measurements. Despite appearing promising, experts raise objections grounded in the limited reproducibility of data and the intricate complexity of the brain. The application of artificial intelligence offers the potential to address these issues through the integration of information; nevertheless, it gives rise to ethical-legal dilemmas linked to the preservation of mental privacy, consent, and the deployment of countermeasures. The conduct of further research would not only ensure significant progress in the standardization, comprehension, and precision of these technologies but also facilitate the advancement of neurolegislation.
- Price: 6.50 €
La inteligencia artificial en la justicia laboral
La inteligencia artificial en la justicia laboral
(Artificial intelligence in labour justice)
- Author(s):Francisca María Ferrando García
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:97-120
- No. of Pages:24
- Keywords:artificial intelligence; algorithm; discriminatory bias; predictive systems
- Summary/Abstract:The application of AI in the field of labour relations entails the risk of discrimination (for reasons of gender, disability, social origin, etc.), and violation of certain fundamental rights (privacy, dignity, data protection, etc.) in the phases of access, development, and termination of the employment relationship, or even in the subsequent judicial procedure to which a labour dispute might lead. In this study, we will analyse such risks, as well as the limits that the legal system contemplates in order to prevent its materialisation, placing special emphasis on the duties of information and judicial protection as suitable tools to control the use of AI and protect workers against the possible impairment of their rights as a result of their application.
- Price: 6.50 €
Inteligencia artificial, derecho tributario e impuestos: ¿hacia dónde vamos?
Inteligencia artificial, derecho tributario e impuestos: ¿hacia dónde vamos?
(Artificial intelligence, tax law and taxes: Where are we going?)
- Author(s):Maria Supera-Markowska
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:121-141
- No. of Pages:21
- Keywords:artificial intelligence; tax law; taxes
- Summary/Abstract:A trend that is difficult to ignore, both in social and economic relations, is the increasing use of new technologies, particularly AI, which, while they bring with them a wide range of opportunities, also entail certain risks. On the one hand, digitalization does have a very positive effect on the development of a fair tax system. But, on the other hand, it implies certain threats, since the combination of AI, big data and automated procedures can entail serious risks for taxpayers. It is undeniable that the characteristic “imbalance of power” that exists in the face of the application of AI and other new technologies for the purposes of administration is clearly increasing significantly, so that issues relating to the position of the parties in the legal-tax relationship require special attention in this context.
- Price: 6.50 €
Uso de herramientas tecnológicas en la gestión de tributos: un problema de política fiscal
Uso de herramientas tecnológicas en la gestión de tributos: un problema de política fiscal
(The use of technological tools in tax management: A problem of fiscal policy)
- Author(s):Yohan Andrés Campos Martínez
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:143-169
- No. of Pages:27
- Keywords:tax artificial intelligence; fiscal policy; big data; tax administration
- Summary/Abstract:In the era of AI, tax administrations are harnessing the full advantages offered by tools to address many of the challenges faced in the tax realm. However, if they continue to be implemented within a fiscal policy that has set aside the anthropocentric approach and has focused on revenue, their use within tax application procedures by authorities will lead to imminent violations of constitutional, legal, and tax-related rights and principles.
- Price: 6.50 €
Blockchain e inteligencia artificial: la revolución tributaria
Blockchain e inteligencia artificial: la revolución tributaria
(Blockchain and artificial intelligence: The tax revolution)
- Author(s):Maria Gabriela Lagos Rodríguez
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:171-190
- No. of Pages:20
- Keywords:tax administration; blockchain; artificial intelligence
- Summary/Abstract:A country’s tax administration performs one of the most important functions of the public sector, as it is responsible for collecting the taxes necessary to fund public expenditure that enables the provision of goods and services to citizens. Technology has played a key role in modernizing this area, and two of the most important tools are blockchain and artificial intelligence. This paper explains the role that these two technologies play in tax administration, highlighting their benefits and challenges. Without prejudice to the fact that the assessments and reflections expressed in this chapter are of general validity, the analysis focuses on the case of the Spanish tax administration, one of the most technologically advanced in Europe.
- Price: 6.50 €
Inteligencia artificial generativa: ¿creador, material o herramienta en manos de un creador? La propiedad intelectual ante la IA
Inteligencia artificial generativa: ¿creador, material o herramienta en manos de un creador? La propiedad intelectual ante la IA
(Generative artificial intelligence as a creator, material or creator’s tool? Intellectual property towards AI)
- Author(s):Małgorzata Gradek-Lewandowska
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:191-214
- No. of Pages:24
- Keywords:artificial intelligence; works generated by AI
- Summary/Abstract:This article attempts to determine whether the current legal structures in the field of intellectual property, in the context of creating or generating works by AI, allow artificial intelligence to be given the status of a creator, or whether AI should be treated as a material or a tool in the hands of the creator – human. It is also an attempt to answer the question of how to protect AI products and what the generation of products by artificial intelligence means for humans: for creators and people using AI works, for AI systems generating works, for investors. Do companies bearing the costs of creating solutions using AI earn money by sharing them? Do creators whose work is used to train artificial intelligence algorithms legitimately file lawsuits against companies creating solutions similar to ChatGTP?Does the law keep up with the regulation of web 3.0, where Internet users are not only recipients, but also co-creators of content available on the Internet?
- Price: 6.50 €
El régimen tributario de la propiedad intelectual: desafíos que plantea la inteligencia artificial
El régimen tributario de la propiedad intelectual: desafíos que plantea la inteligencia artificial
(The intellectual property tax regime: Challenges of artificial intelligence)
- Author(s):Marta Marcos Cardona
- Language:Spanish
- Subject(s):Law, Constitution, Jurisprudence, EU-Legislation
- Page Range:215-240
- No. of Pages:26
- Keywords:artificial intelligence; intellectual property; taxes
- Summary/Abstract:The work analyzes the problems arising from the attribution of intellectual property rights to works generated by artificial intelligence (AI), and its tax implications. Prior to the tax analysis, it is asked whether a machine can be identified as the author and, consequently, be subject to intellectual property rights, an issue that is generating an intense debate that includes not only legal aspects but also ethical and technological ones. The current Spanish and European regulations are studied, which reject the possibility that AI can be considered the author of works protected by copyright, as well as the legal feasibility of proposals such as the one planned in the United Kingdom, whose legislation already contemplates that authorship rests with the person who makes the necessary arrangements for the creation of the work, which could apply to works generated by AI. The evolution of regulations and judicial decisions will largely determine the future of intellectual property. Starting from this previous scheme, the taxation of intellectual property rights is addressed, studying the direct and indirect taxes of income generated by works produced by AI, evidencing the need for taxation to adapt to these new realities.
- Price: 6.50 €
