Season 2: Artificial Intelligence – 2022
Law Tech Topics by BGBG
Technological innovations in robotics are incredible. The robots that the world shows us are already capable of carrying out activities that used to be exclusively considered for humans. However, today we have robots capable of learning from experience and making quasi-independent decisions. Undoubtably, reality approached fiction.
The autonomy of a robot makes it increasingly difficult for them to be considered as simple instruments in the hands of other agents. Their acts and omissions do have an effect in real life.
Therefore, a question that is the subject of debate by the international community is: ¿Is the legislation on civil liability enough to provide clarity on the legal liability of robots? If not, ¿shall we need specific rules and principles for that purpose?
In particular, the European Parliament, by means of its Resolution 2015/2103(INL), answers this question, and proposes the creation of what some authors call it an “Electronic Personality” or “Digital Personality”.
It is a kind of specific legal personality for robots. It is not for all of them, as it is reserved for those robots that enjoy a broader autonomy or with greater abilities, so that they are the only ones likely to be considered liable for repairing the damage they may cause. In other words, being subject to certain obligations.
The recognition of the Electronic Personality of robots is a crucial step for the Law to understand and cover this new reality that surprises us even more every time.