Due Process of Artificial Intelligence: a Challenge for the Protection of Fundamental Rights

Abstract

Artificial Intelligence is at the center of global debate. The European Union is finalizing the first Regulation on Artificial Intelligence (AI Act). This chapter analyzes the resilience of the GDPR in scenarios when AI is applied or deployed. The existence and creation of ad hoc procedural mechanisms that can facilitate the horizontal protection of fundamental rights by individuals will also be discussed. The impossibility of applying the mechanisms of the GDPR instead will be demonstrated in the light of the right to erasure in order to support the need for 'due process' of Artificial Intelligence.