THE USE OF ARTIFICIAL INTELLIGENCE IN TRAVEL that of the liability of artificial intelligence systems24 is among the most debated in the legal world today. As a first example can be considered the cited case of the chatbot, an artificial intelligence system that is considered of low risk, according to the AI act. There could be a malfunction of the artificial intelligence system that causes a data breach. It happens very often since artificial intelligence systems feed on data. Precisely for this reason, the European legislator25 and the European Data Protection Supervisor26 emphasize the connection and the need for harmonization between acts on artificial intelligence and the General Data Protection Regulation (hereafter: GDPR). In case of a data leak, there is (obviously) a breach directly involving the processing of personal data. Therefore, as also the same acts on artificial intelligence would seem to suggest, the GDPR will be applied, with all that goes with it. It would seem natural, therefore, to apply the liability regime provided by the above-mentioned legislation, that establishes for a very strict liability system; it is referred to as strict liability in charge of the personal data controller or data processor. Hence, the crucial importance of coordination with other regulations. 24 The relationship between civil liability and artificial intelligence is examined in depth within the monographic section of the journal Giurisprudenza italiana devoted to the topic ‘Intelligenza artificiale e responsabilità’, edited by Ruffolo, U., Gabrielli, E. For an analysis of the issues raised, see also volume curato da De Franceschi, A., Schulze, R. (2019) Digital Revolution. New challenges for Law, C.H.Beck-Nomos; Weber, R.H., Staiger, D.N. (2017) New Liability Patterns in the Digital Era, in Synodinou, T.E., Jougleux, P., Markou, C., Prastitou, T., (ed(s)) EU Internet Law, Springer, pp. 197-214. 25 As an example, one may recall the explenatory memorandum of the AIA, point 1.2., entitled «Consistency with existing policy provisions in the policy area». The text reads: « (…) Consistency is also ensured with the EU Charter of Fundamental Rights and the existing secondary Union legislation on data protection, consumer protection, non-discrimination, and gender equality. The proposal is without prejudice and complements the General Data Protection Regulation (Regulation (EU) 2016/679) (…) ». Moreover, the picture would not be complete if other legislative proposals were neglected. These are initiatives concerning the subject of personal data, aimed at realizing the project of a single European data market. Some legislative projects have already been approved (the reference is to the Digital Service Act and the Digital Market Act) while others are still in a gestation phase. The reference is to the Data Governance Act and the Data Act. As regards the Digital Service Act the text is available at the link: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0269_EN.pdf. As regards the Digital Market Act the text is available at the link: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0270_ EN.pdf. 26 The profound interrelationship between AI and data protection was underscored by the joint opinion n. 5, 2021 of the European data protection supervisor (hereafter: Edps) and the European data protection board (hereafter: Edpb). Moreover, on the Italian side, the following should be noted: the European Data Protection Supervisor in the Memorandum presented last March 9 to the IX and X Joint Committees of the Chamber of Deputies on the Proposal: both transversal and united by representing the challenge, current and future, thrown by technology to the law and its possibility of regulating even what appears, in its incessant evolution, to be more refractory to the norm.
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