Diritti fondamentali, principi democratici e rule of law: quale ruolo e quale responsabilità per gli Stati nella regolazione dell’intelligenza artificiale

This paper deals with the role of the State (and the public authorities) in the context of Artificial Intelligence (AI). Systems of AI represent significant challenges for democracy, human rights and the rule of law. The EU proposal of a Regulation on AI provides for new technical requirements and procedural obligations to be respected by any developer or user of systems of AI, depending on the level (low, high, inacceptable) of risk for human rights that such systems may entail. Since human rights, democracy, and the rule of law are closely linked, States are bound to respect and protect them, both in the individual and the public dimension. The Regulation is not merely addressed to private operators, as it also includes public authorities, and the States are directly involved in the compliance of the new legal framework and in the ‘governance system’. Furthermore, unlike private operators, States have a general duty to protect human rights, democracy and the rule of law, even beyond the context of the Regulation.