EU Law in the Digital Age

Description

Expert lawyers from across the full spectrum of EU law explore the impact of the digital age on the Union's legal framework. The fifth industrial revolution is impacting on all aspects of society. This open access collection looks at how the European Union and its legal framework is reacting, responding, and evolving to best accommodate the reality of this new environment. Drawn from the insightful and thought-provoking views of acknowledged experts in the field, it examines the questions from all aspects of EU law. This is a thoughtful and timely collection on a question that will continue to dominate EU law in the coming years. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swedish Studies Network. Foreword: Key Developments in EU Law and the Role of the EU Court of Justice Contents 1. Introduction PART I: WHAT ARE THE CHALLENGES AND INITIATIVES OF ARTIFICIAL INTELLIGENCE? 2. Artificial Intelligence and Justice – From Policy to Practice I. Introduction II. Regulatory Initiatives III. AI and Digitalisation of Justice IV. Conclusion 3. Council of Europe Initiatives on Artificial Intelligence with Special Focus on the Right to Privacy and Data Protection I. The Council of Europe II. The Right to Privacy and to the Protection of Personal Data in an Early AI Context III. Convention 108, the International Convention on Privacy and Data Protection IV. Convention 108 and the EU V. AI and Data Protection at the Council of Europe VI. Privacy and Data Protection and the New Council of Europe Framework Convention on AI 4. The Challenges of AI: A Mapping Exercise I. Introduction: A Theoretical Mapping of the Challenges Posed by AI II. Tackling AI Challenges to Legitimate Governance: A Mapping Exercise III. Tackling the Ultimate AI Challenge to Legitimate Governance: On the Importance of Narratives PART II: DIGITAL DATA, TRUST AND FUNDAMENTAL RIGHTS IN THE INTERNAL MARKET CONTEXT 5. The EU's Digital Package: Striking a Balance for Fundamental Rights in the DSA and DMA Regulations I. Introduction II. The Fundamental Rights Challenge for the Digital Sphere III. The DMA and the Principle of Digital Sovereignty IV. The DSA and the Principle of Digital Transparency V. The DSA/DMA Package: A Holistic View VI. Shifting the Balance for the Digital Single Market: Towards Regulatory Absolutism? VII. Brussels Effect 2.0: Exporting European Values with EU Internal Legislation VIII. Conclusions 6. Product Liability in the Future Framework of AI (Technology) Regulation I. Introduction II. Product Liability Revisited – Now Fit for Purpose? III. The Incorporation of Product Liability in the Overall Regulatory Framework IV. Discussion V. Concluding Remarks 7. Defining Risk and Promoting Trust in AI Systems I. Introduction II. On Risk III. On Trust IV. Conclusions 8. The Proposed Anti-Money Laundering Authority and the Future of FIU Collaboration in Europe I. Introduction II. EU Secondary Legislation on Data Protection III. FIUs' Access to Information and Data Sharing under the Auspices of the AMLA IV. FIU.net Hosted by the AMLA V. FIUs: Joint Analyses of Suspicious Transactions and Activities – Implications for the AMLA VI. Cross-Border Data Transfers VII. Conclusions PART III: ARTIFICIAL INTELLIGENCE AND CRIMINAL JUSTICE 9. Algorithmic Predictions, Justice and Privacy 10. Artificial Intelligence in Criminal Justice: Strengthening or Challenging the Rule of Law? I. Introduction II. Human Dignity, Human Rights and the Rule of Law: The Demand for Human-Centric and Lawful AI III. Proportionality IV. Privacy V. Equality and Procedural Justice VI. Concluding Thoughts: The Case of AI in Sentencing 11. Using AI Systems in the Promotion of EU Defence Rights: The CrossJustice Project I. Introduction II. The Development of EU Criminal Law in the Last Two Decades III. A Complex Legal Framework IV. The Difficult Application of the Established Regulatory System in Practice with a Specific Focus on the Defendant's Fair Trial Rights V. The Use of AI Systems to Advance Knowledge and Improve the Effective Protection of Fundamental Rights in the EU Area of Freedom, Security and Justice VI. The Bottom-Up Construction of a More Uniform System through the Use of Learning Machines VII. Limitations of the Research VIII. Conclusions 12. The Challenges of Deepfake Technology in the Context of Political Disinformation I. Introduction II. Political Disinformation in the Digital Ecosystem: The Development of Deepfakes III. The Impact of Deepfakes on Democracy and the Rule of Law IV. Regulatory Challenges Posed by Deepfakes V. The Path Undertaken in the EU Framework VI. Conclusive Considerations 13. The UK's Strategy on AI – Implications for English Criminal Law I. The Meaning of 'Artificial Intelligence' and its Deployment in English and Welsh Courts II. Regulating AI III. Concluding Remarks PART IV: AI AND EVIDENCE 14. AI Evidence: Ensuring a Fair Trial in the Digital World I. Introduction II. Scope and Outline III. Overarching Issues: Bias, Function Creep, Trade Secrets, and Public-Private Cooperation IV. Admissibility of AI Evidence V. The Possibility of the Defence to Scrutinise AI Evidence VI. Conclusion 15. AI-Based Means of Evidence and the Defendant's Rights in the European Union I. Introduction II. The Protection of the Defendant's Rights under EU Law III. Conclusion 16. Transborder Access to e-Evidence – Data Protection Concerns under the e-Evidence Regulation I. Introduction II. The EU System: From Mutual Legal Assistance to Mutual Recognition III. Cross-Border Access to Data at the International Level IV. European Preservation / Production Orders V. Conclusion and Outlook PART V: AI AND MIGRATION, DATABASES AND MOBILITY 17. The Traveller and the Digital Border I. Introduction II. The Traveller at the Border III. Travellers' Data or Travellers' Privacy? IV. The Grounds for Interference V. Conclusions 18. Towards Artificially Intelligent EU Migration, Asylum and Border Management? The AI Act, Interoperable Large-Scale IT Systems and the Role of Agencies: AI for EU Migration, Asylum and Border Control Introduction II. The Manifold Experimentation With Algorithms in EU/Schengen States III. The AI Act: Omissions and Misclassifications of AI Systems IV. Searching for AI in Interoperable large-Scale IT Systems: The Cast of FRT V. Searching for AI in Interoperable Large-Scale IT Systems: The Case of Algorithmis Profiling of Visa and Travel Authorisation Applicants VI. The Application of the AI: Act to Interoperable Large-Scale IT Systems: What is at Stake? VII. The Enhanced Role of EU Agencies in the ERA of AI VIII. Concluding Remarks 19. The Digital Border and the Rule of Law. Lessons from the Establishment of the European Travel Information and Authorisation System I. Introduction II. The Contested Evolution of ETIAS III. ETIAS: The Key Elements IV. ETIAS Risk Assessment and the Rule of Law V. The Architecture of ETIAS: A Paradigm of Securitised, Multi-Actor Governance VI. ETIAS and Interoperability: Exacerbating the Rule of Law Challenges VII. Conclusion 20. Digital Controls, Mobility and Surveillance; the Social Universe of 'Reasonable Suspicion' and its Different Guilds I. Introduction II. What Digitization has Done to Border Controls: The Pre-Border Virtual Space, Speed and Time as a 'Space' for Control III. Border Checks and the Digitisation of Control IV. The Professional Guilds of Digital Management of Pre-Border and Borders Controls V. Unlimited Security, Colonisation of the Future and Generalisation of Surveillance: The Argument of 'Preventive' Security via Predictive Technologies VI. The Introduction of Preventive Security Logic in the EU Field of Internal Security VII. Eu-LISA: The Locus of the Entanglement of Digital Technology and Preventive Security VIII. IBM and IDM: Why Actors are Resisting Privacy and Legal Obligations IX. How Many People do you Place under Surveillance: All or a Few? Internal Debate X. The Role of European Courts: How Far Can They Go? Index