AI and Human Rights Law

in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)

Posted: 4 Dec 2020

See all articles by Vivek Krishnamurthy

Vivek Krishnamurthy

Harvard University - Berkman Klein Center for Internet & Society; University of Ottawa - Common Law Section; University of Ottawa - Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC); Harvard University - Carr Center for Human Rights Policy

Date Written: November 2, 2020

Abstract

The human rights impacts of artificial intelligence (AI) are complex. The full range of civil, political, economic, social, and cultural rights protected by international and Canadian human rights law are affected by current uses of this family of technologies. Such impacts vary considerably based on how AI is implemented in particular cases. Correspondingly, some rights holders may experience positive impacts on their enjoyment of certain rights, even as others suffer negative impacts. What can be said across most AI implementations, however, is that they touch upon the right to privacy as guaranteed by international and Canadian law. Furthermore, there are well-documented concerns about how machine learning technologies can perpetuate patterns of bias that are encoded into the data that is used to “train” such systems. This chapter surveys the human rights impacts of AI with a focus on the rights to equality and non-discrimination. It also suggests how the law can evolve to ensure that AI promotes positive human rights outcomes.

Keywords: AI; human rights; Canada

Suggested Citation

Krishnamurthy, Vivek, AI and Human Rights Law (November 2, 2020). in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021), Available at SSRN: https://ssrn.com/abstract=3734664

Vivek Krishnamurthy (Contact Author)

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada

University of Ottawa - Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic (CIPPIC) ( email )

University of Ottawa, Faculty of Law - Common Law
57 Louis Pasteur St.
Ottawa, Ontario K1N 6N5
Canada

Harvard University - Carr Center for Human Rights Policy ( email )

Littauer-G-11G
Cambridge, MA 02138
United States

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