EU’s Proposed AI Regulation in the context of Fundamental Rights : Analysing the Swedish approach through the lens of the principles of good administration

University essay from Södertörns högskola/Juridik

Abstract: AI has become one of the most powerful drivers of social change, transforming economies, impacting politics and wars, and reshaping how citizens live and interact. Nevertheless, the implementation of AI can have adverse effects on peoples’ lives. This dissertation first examines the relationship between artificial intelligence and public law, mainly in two domains, administrative law and criminal law. It also provides a clear insight into the potential impact of AI applications on fundamental rights in the legal context of the European Union. Four selected fundamental rights, Human Dignity, Data Protection and Right to Privacy, Equality and Non-discrimination, and Access to Justice, are examined. The dissertation further explores the European Commission's new proposed AI regulation, which was proposed in April 2021. The proposal aims to put forward a risk- based approach for a harmonized EU legislation by considering the ethical and human sides and without unnecessarily restricting the development of AI technologies. The study focuses on examples from Sweden throughout the study and lastly, examines the Swedish approach in the context of the principles of good administration.

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