I principi costituzionali nella disciplina dell’Intelligenza Artificiale. Nuove prospettive interpretative

Constitutional Principles in the Regulation of Artificial Intelligence. New Interpretative Perspectives

Abstract

Artificial Intelligence is increasingly widespread within the society. This phenomenon is giving rise to relevant benefits for individuals but also to significant risks that could negatively affect fundamental rights. This paper aims at analysing the possible key role of constitutional principles in determining the present and future regulation of Artificial Intelligence in the legal context, focusing more on the new regulatory functions and contents of three specific constitutional principles: the transparency principle, the equality principle, and the self-determination one. After considering how these constitutionals principles are interpreted, mainly at the European level, when applied to the Artificial intelligence context, the author analyses the possible emergence of a new constitutional principle, whose role could be fundamental to balance the risks due to the use of this technology: the human oversight principle.