JUSTICE IN THE MACHINE AGE: LEGAL LANDSCAPES AND CHALLENGES IN THE DISPUTES IN THE ERA OF ARTIFICIAL INTELLIGENCE – REMARKS IN THE LIGHT OF POLISH REGULATIONS
Berenika Kaczmarek-Templin · 2024
Abstract:The debate on responsibility for damages caused by artificial intelligence needs to extend to legal proceedings, including civil procedural issues.The research should be conducted based on the applicable regulations of national and EU law.First and foremost, it should be considered whether the courts are prepared to conduct compensation proceedings and whether existing regulations currently require changes in this regard. It is necessary to find an answer to the question of whether the implementation of a new separate procedure would be justified, considering the specificity of the case, or whether, from a legal standpoint, it would be a regular compensation case.Legal issues related to compensation processes for AI actions include aspects related to legal proceedings, the burden of proof, access to information, and adjusting current procedures to the nuancesof AI activities.Determining responsibility may require the involvement of experts specializing in AI, and the procedures for proving guilt may need to be adapted to technological specifics. Another issue requiring consideration would be to discuss whether the use of AI-supported tools would be permissible in such a process. In particular, it is worth considering whether it would be justified to use artificial intelligence to verify the correctness or faultiness of the AI activity that caused the damage.Compensation processes may encounter difficulties in accessing information related to AI activities. In some cases, machine learning-based algorithms are difficult to understand even for experts. Procedural law must address issues of transparency and the right of the party to obtain understandable explanations regarding AI activities.In the case of the use of decision-making algorithms by artificial intelligence, it is essential to adhere to the individual's right to an explanation of algorithmic decisions (e.g., in accordance with GDPR). Procedural law must take into account this right of the individual while respecting the principles of personal data protection.Due to the global nature of artificial intelligence, compensation processes may require international cooperation to establish responsibility, especially when AI actions cross jurisdictional boundaries.Procedural law must be flexible and able to adapt to rapid technological progress. Current legal conditions do not create barriers to compensation processes for artificial intelligence actions. Keywords: AI in civil procedure, compensation dispute