Towards a Liability Framework For AI in Europe

Item Type Journal paper
Abstract AI regulation is one of the hot topics of today. In the EU, the European Commission and the European Parliament suggest introducing strict liability rules on operators of high-risk AI systems. To create a suitable liability regime, we must consider what makes AI systems different from their non-AI-counterparts. In our article, we identify AI’s novel approach to problem-solving and the potential for (semi-)autonomous decision-making as key issues for liability. However, the deployment of AI per se will not prove necessarily riskier than the human alternative – in contrast, it might actually be safer. Introducing strict liability is usually justified when the regulated activity poses an inherent risk despite the application of reasonable care. This stands in contradiction with the generally safer use of AI. The dangers posed by AI for liability do not necessarily coincide with cases associated with inherent riskier situations regulated by strict liability regimes. In our article, we argue that when formulating a liability regime for AI, we need to consider which aspects of AI prove particularly challenging to liability. More specifically, we need to evaluate whether introducing strict liability for specific AI systems is always appropriate, especially when taking into account that deploying AI does not necessarily pose the inherent risks usually regulated by strict liability regimes.
Authors Buiten, Miriam Caroline & Pullen, Jennifer
Journal or Publication Title TechREG Chronicle
Language English
Subjects law
HSG Classification contribution to scientific community
HSG Profile Area LS - Business Enterprise - Law, Innovation and Risk
Refereed No
Date March 2022
Official URL http://www.competitionpolicyinternational.com/towa...
Depositing User Jennifer Pullen
Date Deposited 20 Mar 2022 14:34
Last Modified 20 Jul 2022 17:48
URI: https://www.alexandria.unisg.ch/publications/266047

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Buiten, Miriam Caroline & Pullen, Jennifer (2022) Towards a Liability Framework For AI in Europe. TechREG Chronicle,

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https://www.alexandria.unisg.ch/id/eprint/266047
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