Artificial Intelligence (AI) is reshaping numerous aspects of modern life, delivering significant benefits but also introducing notable risks, particularly for vulnerable groups. Understanding the criteria adopted by courts and data protection authorities in cases brought to their attention, as well as the rights alleged to have been violated and the parties involved, provides valuable insights into how these risks are being addressed. This evolving field of study is expanding alongside the growing number of cases requiring resolution by judicial or data protection authorities.
The study identifies vulnerabilities, risks to fundamental rights, and the safeguards necessary to ensure that AI deployment adheres to the principles outlined by the Organisation for Economic Co-operation and Development (OECD). These include human-centred AI, transparency and understandability, robustness and security, accountability, respect for human rights, and inclusive and impartial implementation. The analysis spans decisions made between 2013 and 2024 across Europe, the Americas, and other regions, categorizing cases by affected groups and employing an intersectional approach to capture the complexity of overlapping vulnerabilities in AI-related contexts.
The report emphasizes the critical importance of transparency and algorithmic explainability, inclusive AI design that avoids perpetuating systemic biases, and the establishment of robust legal framework to ensure accountability. It also underscores the interconnectedness of these principles, noting that fulfilling or violating one principle often impacts the others, creating cascading effects.
This study provides an essential resource for understanding the intersection of AI with legal considerations for vulnerable groups. By addressing gaps and implementing safeguards, policymakers, organizations, and developers can work toward more equitable AI systems. These efforts are crucial to maximizing AI's potential while safeguarding fundamental rights.
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