Assembling the Algorithm for Human Rights Centred AI Regulation

This thesis argues that inspiration should be taken from the General Data Protection Regulation to form the basis of future Artificial Intelligence (AI) regulation in England and Wales. Currently, AI poses significant challenges to society, undermining human rights, conflicting with liability frameworks, and many systems having no lawful basis of use. Through the proposed introduction of AI data protection principles, pre-market and post-market monitoring requirements, and rules to clarify enforceability and accountability mechanisms, this thesis gives recommendations to achieve a human rights focused AI framework, clarifying issues of liability and strengthening human right protections. By utilising a thematic analysis of extensive literature, and a doctrinal methodology to examine case-law, regulatory proposals and legislation, a techno-legal-ethics interdisciplinary perspective is taken to provide a unique insight into AI regulation. Through examination of the most recent regulatory developments in the European Union (EU), the suggestions proposed seek to take advantage of the mistakes made, to correct areas where future EU regulation falls short, and to offer solutions to provide stronger safeguards to human rights. By providing an alternative perspective on how to regulate AI, this research seeks to contribute to the field of AI and legal research, and provide an invaluable resource for those examining the key areas of concern and recent developments in regulating AI. These proposals seek to aid policymakers in considering alternatives to ideas already presented in the field, to ensure priority is given to the safeguarding of human rights. The suggestions intend to form the basis of blanket regulation, allowing the recommendations to be built upon in the future, whilst also opening discussion to further avenues of research, and further legislation in the future. For society to reap the benefits of AI, effective regulation that prioritises human rights must be introduced.