New Technologies in International Law / Tymofeyeva, Crhák et al.

The first legally binding document with a regional scope titled the “Artificial Intelligence Act” was passed on March 13, 2024, and it should come into force in 20 days after being published in the Official Journal of the EU. It includes the definition of the AI systems, which is as follows: “a machine-based system designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.” 825 This act is not legally binding for the countries outside the EU. Another significant progress in terms expressing the broad interests of the states to stipulate in the future the rules for use of the AI systems and to ensure the protection of the human rights in connection with the use of the AI can be seen in the UN General Assembly Resolution A/78/L.49 which was passed on March 21, 2024. 826 The development of new artificial intelligence technologies and their practical use is particularly relevant in the areas of national security, cybersecurity, banking and finance, transportation, education, communication, labour, and manufacturing, and, last but not least, healthcare. 827 It can be stated that AI-based technologies in their development and practical applications are far ahead compared to the emergence of related legal regulations. Currently, discussions mainly revolve around whether the use of certain new technologies with elements of artificial intelligence should be prohibited or regulated. Given the ongoing development of these technologies, it is rather unlikely that outright bans on the use of certain technologies would be effective. Therefore, defining legal rules for their use appears to be a more realistic approach. Until the establishment of a special legally binding regulation governing the use of new technologies and artificial intelligence in connection to the protection of human rights, existing commitments of the states can and should be applied to ensure that these new technologies are not used in contrary of these commitments. The use of AI systems touches upon a broad spectrum of fundamental human rights, mainly the right to privacy, data protection and non-discrimination. Modern technologies can pose challenges, especially concerning privacy protection, 828 and the privacy of electronic correspondence. 829 Additionally, AI systems might have impact to the right to human dignity, social security and assistance, the right to good governance (AI systems used in public administration and the public sector), consumer protection rights, the prohibition of discrimination, personality and personal data protection. 830 827 Antebi L, ‘Artificial Intelligence and National Security in Israel.’ Memorandum No. 207 ( INSS Tel Aviv University , 2021) . 828 which might be related to the devices responding to voice commands and thus constantly “listening,” or applications allowing the automatic editing of photos to create images of nude individuals. 829 which might be related to various apps for text and voice communication, the content of the communication might be monitored. 830 European Union Agency for Fundamental Rights, ‘Getting the Future Right. Artificial Intelligence and Fundamental Rights’, Report, Luxembourg: Publication office of the European Union, 2020, p. 7. 825 Artificial Intelligence Act, EU, P9_TA (2024)0138, 13 March 2024. 826 UN General Assembly Resolution A/78/L.49.

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