Abstract
Emotionally intelligent AI can process the most personal and intimate of information. When this is not handled with the utmost care, it can cause discrimination and stigmatization, violate a person’s privacy and it can cause other infringements of fundamental rights. This is particularly relevant in relationships with significant power asymmetry, such as that between an employer and an employee or a public authority and a citizen. In such cases, damage inflicted upon individuals is not tangible, meaning that it does not result in actual physical injury or damage to items of property, and often there is no consequential economic loss either. Still, the damage can cause serious distress to the affected person.
This chapter examines whether existing and prospective liability rules provide affected parties with sufficient protection. Relevant frameworks referenced will be the General Data Protection Regulation (GDPR), the AI Act, the proposed Directive on AI Liability and national civil liability laws of EU Member States. Special focus will be placed on the recoverability of immaterial harm. To date, many national laws—and courts—are reluctant to provide compensation for non-material harm. Therefore, the question is whether this reluctance is still appropriate considering the significant risks AI poses for fundamental rights and other immaterial interests.
This chapter examines whether existing and prospective liability rules provide affected parties with sufficient protection. Relevant frameworks referenced will be the General Data Protection Regulation (GDPR), the AI Act, the proposed Directive on AI Liability and national civil liability laws of EU Member States. Special focus will be placed on the recoverability of immaterial harm. To date, many national laws—and courts—are reluctant to provide compensation for non-material harm. Therefore, the question is whether this reluctance is still appropriate considering the significant risks AI poses for fundamental rights and other immaterial interests.
| Original language | English |
|---|---|
| Title of host publication | Emotional Data Applications and Regulation of Artificial Intelligence in Society |
| Editors | Rosa Ballardini, Rob van den Hoven van Genderen, Sari Järvinen |
| Place of Publication | Cham |
| Publisher | Springer |
| Pages | 239-259 |
| Number of pages | 21 |
| ISBN (Electronic) | 978-3-031-80111-2 |
| ISBN (Print) | 978-3-031-80110-5, 978-3-031-80113-6 |
| DOIs | |
| Publication status | Published - 23 Jan 2025 |
| MoEC publication type | A3 Part of a book or another research book |
Publication series
| Series | Law, Governance and Technology Series |
|---|---|
| Number | 69 |
| ISSN | 2352-1902 |
Keywords
- artificial intelligence
- fundamental rights
- liability
- privacy
- data protection
- EU law
- compensation for damage
- invasion of privacy
Field of science
- Law
Fingerprint
Dive into the research topics of 'Damage Caused by Emotional AI: Do Existing and Prospective Liability Rules Provide Sufficient Protection?'. Together they form a unique fingerprint.Citation for this output
- APA
- Author
- BIBTEX
- Harvard
- Standard
- RIS
- Vancouver