LEGAL LIABILITIES OF ARTIFICIAL INTELLIGENCE: AN OVERVIEW

Abstract

Objective: The main objective of the paper is to study the need for Special Regulatory legislation for Technology especially Artificial intelligence (AI) as well as examine how AI and law work together. The paper evaluates the liability of AI when it violates Human Rights and Data Privacy. The paper evaluates how AI has created new possibilities and had posed challenges by interfering Human Rights and challenging Sustainable Development comparing the developments happening in European Union (EU) with countries like India. The paper also attempts to make the complex debate more comprehensible for those with no expertise in this area.   Method: The Comparative research approach was administered by highlighting the EU methods to tackle and address the AI liabilities. Analogy and review of the Product Liability Directive (PLD) which is proposed and published by European Union (EU) for an AI system liability and suggestions of National Institution for Transforming India (NITI) Aayog of India to attain Sustainable National Economic Development. The paper analyses from financial and lucrative perspective, what liability rules would curtail the financial damages and other harms caused by AI systems which affect Sustainable Development.   Results: The paper findings suggest that influence factor of AI applications should be included in existing Liability framework and must be consistently updated as AIs are characterised by unpredictability and independence. Both the EU and India NITI Aayog states that regulatory insight must be an ethical reinforcement for AI practice and hence ensure the sustainability of AI technologies.   Originality/Value: The recent government initiatives in EU and India are discussed with respect to the AI liability. The study provides positive insights of Artificial Intelligence (AI) technology and its liabilities to achieve Economic Sustainable Development. The key findings of the paper highlight the importance of Salmond’s defined Tortious liability during British Era for AI technologies for protecting Human Rights and also achieve Sustain Development.