Legal AI Systems in the EU’s proposed Artificial Intelligence Act

Proceedings of the Second International Workshop on AI and Intelligent Assistance for Legal Professionals in the Digital Workplace (LegalAIIA 2021), held in conjunction with ICAIL 2021, June 21, 2021, Sao Paulo, Brazil

8 Pages Posted: 8 Jul 2021

See all articles by Sebastian Felix Schwemer

Sebastian Felix Schwemer

University of Copenhagen, Centre for Information and Innovation Law (CIIR); University of Oslo, Norwegian Research Center for Computers and Law (NRCCL)

Letizia Tomada

University of Copenhagen, Centre for Information and Innovation Law (CIIR)

Tommaso Pasini

University of Copenhagen - Department of Computer Science

Date Written: June 21, 2021

Abstract

In this paper we examine how human-machine interaction in the legal sector is suggested to be regulated in the EU’s recently proposed Artificial Intelligence Act. First, we provide a brief background and overview of the proposal. Then we turn towards the assessment of high-risk AI systems for the legal tasks as well as the obligations for such AI systems in terms of human-machine interaction. We argue that whereas the proposed definition of AI system is broad, the concrete high-risk area of ‘administration of justice and democratic processes’, despite coming with considerable legal uncertainty, is narrow and unlikely to extent into many uses of legal AI and IA systems. Nonetheless, these regulatory developments may be of great relevance for current and future legal AI and IA systems.

Keywords: European Union, Artificial Intelligence Act, AI regulation, high-risk AI systems, legal sector, intelligent assistance, human oversight, data governance

Suggested Citation

Schwemer, Sebastian Felix and Tomada, Letizia and Pasini, Tommaso, Legal AI Systems in the EU’s proposed Artificial Intelligence Act (June 21, 2021). Proceedings of the Second International Workshop on AI and Intelligent Assistance for Legal Professionals in the Digital Workplace (LegalAIIA 2021), held in conjunction with ICAIL 2021, June 21, 2021, Sao Paulo, Brazil, Available at SSRN: https://ssrn.com/abstract=3871099

Sebastian Felix Schwemer (Contact Author)

University of Copenhagen, Centre for Information and Innovation Law (CIIR) ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark

HOME PAGE: http://www.ciir.dk

University of Oslo, Norwegian Research Center for Computers and Law (NRCCL)

St. Olavsplass 5
Oslo, Oslo 0130
Norway

Letizia Tomada

University of Copenhagen, Centre for Information and Innovation Law (CIIR)

Karen Blixens Plads 16
Copenhagen, 2300
Denmark

HOME PAGE: http://www.ciir.dk/

Tommaso Pasini

University of Copenhagen - Department of Computer Science ( email )

Nørregade 10
Copenhagen, København DK-1165
Denmark

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