Antonio Tejeda Encinas President Euro-American Committee on Digital Law – EA Digital Law
The legal implications of Generative Artificial Intelligence (IA) are at the epicenter of contemporary debates in the legal sphere.
As a jurist, I am immersed in reflections on the prevailing need for specific regulation to address the challenges posed by this emerging technology to the right to harm.
During the recent International Congress on Liability and Insurance, held with notable international participation, a fundamental question has been raised: who will assume responsibility for the damage caused by AI in the absence of clear regulation on this matter?
From my perspective, it is crucial to consider hypothetical cases such as the use of AI systems in the drafting of legal documents or even in medical diagnoses. How will we determine liability in situations where negligence or defects in the use of these tools may cause harm to third parties?
The current legal framework, although it includes some provisions on civil liability in the context of high-risk AI, still lacks the necessary depth to address the challenges posed by Generative AI.
As a legal community, we must anticipate these dynamics and work on creating regulations that will ensure a balance between technological innovation and the protection of individual rights.
It is clear that case law in this area is constantly evolving, as evidenced by recent pronouncements by higher courts regarding liability for defective products, but there is still a long way to go in adapting the legal framework to technological advances.
The debate on whether AI tools should have legal personality and be susceptible to being sued for the damages they cause poses complex ethical and legal dilemmas. How will we establish effective control and oversight mechanisms over these technologies without hindering their development?
In my opinion, the creation of specific liability insurance for situations involving AI is seen as a necessary and timely measure. However, the precise definition of the conditions and scope of such insurance will require a collaborative effort among legislators, technology experts and legal professionals.
In short, the arrival of the Generative AI poses unprecedented challenges to the right to harm. As a jurist, I believe it is our responsibility to anticipate these changes and work on creating a solid legal framework that protects the interests of all parties involved in an increasingly digitized and automated environment.
