Artificial intelligence, algorithmic recommendation and decision-making in European Union law: analysis of the regulatory challenge and legal certainty

Abstract

The concept of artificial intelligence has been developed since the beginning of computing in the 1950s, and, since the 2010s, it has advanced more quickly, contributing to various applications. Artificial intelligence applications bring benefits and uses to various social sectors and activities. It improves optimisation and efficiency of factories and companies, diagnosis and treatment of diseases and disabilities, automating activities, operation of social networks and e-commerce platforms, and viability of autonomous cars. It is also present in the operationalization of banks, pharmacies, military forces, education system, among many others. However, along with benefits, artificial intelligence has also generated risks for society and, consequently, litigation. These disputes have been submitted to courts in different countries, generating discussions about specific regulations. In this sense, this article aims to analyse cases involving artificial intelligence in using data, biometric monitoring, algorithmic recommendation and decision-making discussed in European judicial and administrative lawsuits, as well as study the three main European Union regulations which approach that theme: the General Data Protection Regulation, the Digital Services Act, and the Artificial Intelligence Act Proposal.