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The Analysis Of Legal Means To Prevent Fundamental Human Rights Violations Due To The Use Of Artificial Intelligence In Public Administration
[Анализ Правовых Способов Предотвращения Нарушений Фундаментальных Прав Человека При Использовании Искусственного Интеллекта В Государственном Управлении]

Author

Listed:
  • Yuzhakov, Vladimir (Южаков, Владимир)

    (The Russian Presidential Academy of National Economy and Public Administration)

  • Talapina, Elvira (Талапина, Эльвира)

    (The Russian Presidential Academy of National Economy and Public Administration)

  • Chereshneva, Irina (Черешнева, Ирина)

    (The Russian Presidential Academy of National Economy and Public Administration)

Abstract

Nowadays none country in the world has developed a holistic regulatory approach to regulation of artificial intelligence use. Meanwhile, in the digital landscape the risks of human rights violations are increasing, which is gained newfound relevance of the need to simultaneous development of legal protection of human rights in mastery of technology and artificial intelligence capabilities by public administration. In this regard the objectives of this paper are to analyze the current state of legal regulation of AI use in public administration and to formulate of proposals for legal groundwork for preventing and overcoming the risks of human rights violations due to the use of AI in public administration. As a part of the study scientific publications on this topic, international and national laws and regulations, including foreign countries have been analyzed. The main results of the preprint are the results of the analysis of the state of legal regulation of AI use in public administration; the results of the analysis of potential risks of human rights violations due to the use of AI in public administration; the author's systematization of the risks of human rights violations due to the use of AI in public administration, as varied the institutional system of rights protection; the proposals for legal means to prevent and overcome the risks of human rights violations due to the use of AI in public administration. The study allows for the conclusion about the lack of attention to the human rights aspect in forecasting, regulating and using of AI in public administration as well as the necessity to design a system of legal means to prevent and overcome the risks of human rights violations due to the use of AI in public administration. The lack of proper regulation of AI use in public administration, which involves the risks of human rights violations, determines the scientific novelty and potential practical significance of the study brought to attention of readers. The author's concept involves the promotion of a human-centered approach to the use of artificial intelligence technology in public administration. Its findings and results can be taken into account and used for the formulation and state policy implementation in ensuring human rights due to the use of AI in the Russian public administration.

Suggested Citation

  • Yuzhakov, Vladimir (Южаков, Владимир) & Talapina, Elvira (Талапина, Эльвира) & Chereshneva, Irina (Черешнева, Ирина), 2022. "The Analysis Of Legal Means To Prevent Fundamental Human Rights Violations Due To The Use Of Artificial Intelligence In Public Administration [Анализ Правовых Способов Предотвращения Нарушений Фунд," Working Papers w20220285, Russian Presidential Academy of National Economy and Public Administration.
  • Handle: RePEc:rnp:wpaper:w20220285
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    More about this item

    Keywords

    Human rights; public administration; data; artificial intelligence; personal data; big data processing; algorithm;
    All these keywords.

    JEL classification:

    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • H83 - Public Economics - - Miscellaneous Issues - - - Public Administration
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law

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