Creating non-discriminatory Artificial Intelligence systems: balancing the tensions between code granularity and the general nature of legal rules

Abstract

Over the past decade, concern has grown regarding the risks generated by the use of artificial intelligence systems. One of the main problems associated with the use of these systems is the harm they have been proven to cause to the fundamental right to equality and non-discrimination. In this context, it is vital that we examine existing and proposed regulatory instruments that aim to address this particular issue, especially taking into consideration the difficulties of applying the abstract nature that typically characterises legal instruments and, in particular, the equality and non-discrimination legal framework, to the specific instructions that are needed when coding an artificial intelligence instrument that aims to be non-discriminatory. This paper focuses on examining how article 10 of the new EU Artificial Intelligence Act proposal may be the starting point for a new form of regulation that adapts to the needs of algorithmic systems.