Adjudication of Artificial Intelligence and Automated Decision-Making Cases in Europe and the USA

• Published in: European Journal of Risk Regulation
• Main Authors: Kiesow Cortez, Elif, Maslej, Nestor
• Format: Article in Journal/Newspaper
• Language: English
• Published: Cambridge University Press (CUP) 2023
• Subjects: North Atlantic
• Online Access: http://dx.doi.org/10.1017/err.2023.61; https://www.cambridge.org/core/services/aop-cambridge-core/content/view/S1867299X23000612

Abstract Artificial Intelligence (AI) has started to impact many facets of the economy and people’s routine activities. This article contributes to our understanding of how the legal system is reacting to the ongoing uptake of AI and the disputes or right infringements this uptake creates. Select legal cases regarding the use of AI technology for automated decisions are reviewed, with a focus on filings in Europe and the USA. This exercise reveals which type of legal challenges can be expected when it comes to deploying automated systems in these jurisdictions. Additionally, incipient regulatory efforts targeting AI on both sides of the North Atlantic are introduced and briefly discussed. The paper sheds light on how different legal systems accommodate an emerging technology with disruptive potential and offers a mapping of exemplary legal risks for prospective actors or organisations seeking to develop and deploy AI.