Intelligenza artificiale, diritti e doveri nella Costituzione italiana

Artificial intelligence, rights and duties in the Italian Constitution

Abstract

The paper investigates the potential impact of artificial intelligence (AI) on constitutional rights and duties. Paragraphs II and III briefly analyze the main challenges posed by artificial intelligence for the rights included in the Fundamental Principles and in the First Part of the Italian Constitution. Paragraphs IV, V, VI and VII theorize three new rights whose guarantee appears desirable in order to address the new risks raised by artificial intelligence: the right to an AI disclosure; the right to an explanation; the right to a human in the loop. Their hypothetical legal recognition by EU public law is investigated, also regarding the EC Proposal of an Artificial Intelligence Act. Lastly, paragraph VIII deals with the evolution of constitutional duties caused by the development of artificial intelligence.