La AI fra pubblico e privato
AI between Public and Private
DOI:
https://doi.org/10.57660/dpceonline.2022.1571Keywords:
Artificial Intelligence; public-private divide; private powers; fundamental rights and freedoms, hybrid constitutional law.Abstract
The classic tools of public and private law are struggling to provide the answers that are urgently needed in the age of artificial intelligence. How, then, can we build the new legislative framework on artificial intelligence between the public and private dimensions? There are new “regulatory takings” on the horizon, such as the European proposal for a regulation on artificial intelligence, which includes essential private services among high-risk AI systems. But a new regulation of technology could also result from the development of some already existing legal concepts: from the ‘special responsibility’ of the company in a dominant position to the obligations of impartiality, transparency and motivation incumbent on private actors exercising public functions.
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