Mackenzie-Gray Scott, Richard Author aut Abrusci, Elena Author aut Text xx# 2023 Verfassungsblog 2023-10-05 eng

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Who loves the latest shiny thing? Children maybe? Depends on the kid. Cats and dogs perhaps? Again, probably depends. What about funders, publishers, and researchers? Now that is an easier question to answer. Whether in talks provided by the tax-exempt ‘cult of TED’, or in open letters calling for a moratorium, the attention digital technologies receive today is extensive, especially those that are labelled ‘artificial intelligence’. This noise comes with calls for a new ad hoc human right against being subject to automated decision-making (ADM). While there is merit in adopting new laws dedicated to so-called AI, the procedural mechanisms that can implement existing law require strengthening. The perceived need for new substantive rules to govern new technology is questionable at best, and distracting at worst. Here we would like to emphasise the importance of implementing existing law more effectively in order to better regulate ADM. Improving procedural capacities across the legal frameworks on data protection, non-discrimination, and human rights is imperative in this regard. CC BY-SA 4.0 Mackenzie-Gray Scott, Richard AI Artificial Intelligence automated-decision making EU Regulation 342 https://verfassungsblog.de/automated-decision-making-and-the-challenge-of-implementing-existing-laws/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.17176/20231005-233624-0 231005 10.17176/20231005-233624-0 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)