The Many Meanings of Vulnerability in the AI Act and the One Missing

Biolaw Journal 1 (2024)
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Abstract

This paper reviews the different meanings of vulnerability in the AI Act (AIA). We show that the AIA follows a rather established tradition of looking at vulnerability as a trait or a state of certain individuals and groups. It also includes a promising account of vulnerability as a relation but does not clarify if and how AI changes this relation. We spot the missing piece of the AIA: the lack of recognition that vulnerability is an inherent feature of all human-AI interactions, varying in degree based on design choices and modes of interaction. Finally, we show how such a meaning of vulnerability may be incorporated into the AIA by interpreting the concept of “specific social situation” in Article 5 (b).

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2024-11-13

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Claudio Novelli
University of Bologna

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