THE EU ARTIFICIAL INTELLIGENCE ACT: THE NECESSARY TOOL TO GUARANTEE THE FUNDAMENTAL RIGHTS OF CITIZENS

Abstract

In recent years, the growing trend of introducing artificial intelligence (AI) into various spheres of public life has caused strong concern among international, European, and national bodies and institutions. They have come to realize that the practical application of AI is outpacing its legal regulation, creating a real danger of infringing upon numerous basic human rights and freedoms. The need to adopt explicit regulatory rules regarding the use of AI is particularly significant in medicine and healthcare, as these sensitive fields encompass one of the citizens‘ most important subjective rights the right to health. The exceptional importance of this right is predetermined by the fact that the individual's ability to fully exercise their civil, economic, social, and other rights is conditioned by the presence of appropriate conditions to achieve the best possible health status. This inherent human rights is not only associated with individuals‘ well being, but also with the well being of the entire population, economic progress, and the advancement of the state. Health is a basic public good, the key role of which was recognized by the international community, the EU, and sovereign states already decades ago, which is why they are striving to adopt adequate instruments for its protection. In the current stage of development of modern society, artificial intelligence could be considered as a tool with the potential to raise the standard of living, including by providing better quality and affordable healthcare for the population. However, to achieve this effect, efficient guarantees for the safe use of AI should be created, especially in the field of medicine and healthcare. The first step in this direction should be the adoption of an adequate regulatory framework with clearly defined legal rules and mechanisms for their implementation. Given the global importance of the question of AI applicability, the best approach would be to create a universal legal framework that introduces harmonized rules for the use of AI. At present, the international community is extensively deliberating the necessity of adopting legal regulation of AI but has failed to reach a unified position, delaying the adoption of universal binding rules. In recent years, the European Union has coordinated its efforts in this area, leading to a preliminary agreement between the Council and the European Parliament in December 2023 regarding the adoption of the AI Act. The new legislative act will be the first legal document in EU law that delineates explicit harmonized rules in this complex matter.