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  1. 1 Studia Prawa Publicznego

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  1. 1 Kaczmarczyk M.

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  1. 1 2025

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O systemach sztucznej inteligencji w kontekście praw człowieka w orzecznictwie Europejskiego Trybunału Praw Człowieka

100%
Kaczmarczyk M.
Studia Prawa Publicznego
|
2025
|
issue 2 (50)
9-30
EN
Artificial intelligence (AI) is increasingly entering our lives. Rapid technological progress provides many new solutions, without which we often cannot imagine our everyday lives. Despite a rather heavily electronicised and digitalized reality, the potential of artificial intelligence is yet to be fully exploited. Moreover, due to the wide range of applications of AI systems in various areas of life, the possibilities that technological development creates for us go beyond the human imagination. Artificial intelligence can be a source of invaluable help for humans, support, facilitation, and convenience; on the other hand, it can pose many threats to basic values such as human rights, human dignity, democracy or the rule of law.The article attempts to answer the question of how Strasbourg case law responds to issues concerning threats that new technologies pose to individuals’ fundamental rights and freedoms, including the right to privacy, personal freedom, personal security, and the protection of personal data, including biometric data. The starting point for analysing the case law of the European Court of Human Rights (ECHR) is a discussion of international and national regulations in the field of artificial intelligence and their brief characteristics. Then, selected cases of the ECHR are presented and discussed in the context of individual freedoms and rights most vulnerable to violations in connection with the activity of AI systems. So far, the Court has not issued a judgment dedicated to artificial intelligence itself and its negative effects on human rights and freedoms. The research problems addressed by this analysis indicate ECHR judgments related to new technologies and to assessing their significance for the functioning of artificial intelligence and discussing its relevance for the future.
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