Unpacking Human Vulnerability in the EU Artificial Intelligence Act

Published Date: 27/05/2024      

The EU Artificial Intelligence Act recognizes human vulnerability as a crucial aspect of AI regulation.

The concept of vulnerability is intrinsic to human existence. We rely on others to meet our basic needs and thrive as individuals, which exposes us to power imbalances and risks of harm. The digital revolution has amplified this phenomenon, making us vulnerable to manipulative commercial practices, data exploitation, and hidden forms of discrimination.

The EU General Data Protection Regulation (GDPR) acknowledges the enhanced vulnerability of online users. However, with the introduction of the EU Artificial Intelligence Act (AIA), the question of human vulnerability takes center stage. The AIA contains 16 references to human vulnerabilities, recognizing the need to protect vulnerable individuals from AI systems that exploit their weaknesses.

Article 7(h) of the AIA provides the most exhaustive reference to vulnerability, defining it as a gradual, contextual element based on power imbalance, authority, knowledge, economic or social circumstances, or age. This concept of vulnerability is relational, acknowledging that dependency can lead to vulnerability.

The AIA's preamble highlights three specific cases of human vulnerabilities: children's online vulnerabilities, people dependent on public benefits or services, and individuals subject to AI systems in migration, asylum, and border control management. These examples illustrate the complexity of vulnerability and its relation to dependency.

However, the AIA's provisions also reveal gaps in protecting vulnerable individuals. Article 5(1)(b) prohibits AI systems that exploit vulnerabilities due to age, disability, or specific social or economic situations, but the language remains vague. The Act excludes victims of gender-based violence, employees, patients without disabilities, and individuals with specific addictions, among others.

In conclusion, while the AIA is a significant step forward in recognizing and protecting human vulnerabilities, the concept remains complex and problematic. The interpersonal, relational, and contextual notion of vulnerability emphasized in data protection literature remains crucial, but the AIA's prohibitions on vulnerability exploitation require further clarification and authoritative interpretation.

The EU Artificial Intelligence Act aims to regulate the development and use of AI systems in the European Union. One of its key aspects is the recognition of human vulnerability and the need to protect vulnerable individuals from AI systems that exploit their weaknesses.

As the EU Artificial Intelligence Act comes into force, it is essential to understand the concept of human vulnerability and its implications for AI regulation. This article provides an in-depth analysis of the Act's references to vulnerability, highlighting its complexities and limitations.