Artificial Intelligence-based Discrimination: Theoretical and Normative Responses. Perspectives from Europe

La discriminazione che deriva dall’Intelligenza artificiale: la teoria e le risposte del diritto positivo. Prospettive a partire dall’esperienza europea

Abstract

The paper examines the relationships between AI and discrimination. The first part challenges the adequacy of antidiscrimination laws to tackle AI-based discrimination. The second analyses the regulatory responses proposed by the European Union and the Council of Europe. The investigation includes a study of the case law, which highlights the challenges prompted by AI when coupled with the principle of non-discrimination and the lack of effective legislative and judicial remedies to counter it. Lastly, the paper argues that AI is contributing to the emergence of a new form of discrimination, the global acknowledgment of which is still far away in coming.