LEGAL GUARANTEES OF OBSERVANCE OF INFORMATION RIGHTS OF INDIVIDUALS IN THE APPLICATION OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES BY COURTS: EUROPEAN EXPERIENCE AND PROPOSALS FOR UKRAINE
Authors: Zaiarnyi Oleh 
Published: January 2025

The paper examines the system of guarantees of compliance with the information rights of individuals who are plaintiffs or defendants in litigation when using artificial intelligence during the trial of specific cases provided for by the legislation of the European Union. The study analyzes the relationship between the requirements for the development and application of artificial intelligence technologies provided for by the Regulation of the European Union "On Artificial Intelligence", as well as international acts of "soft law" with the content of positive and negative obligations of the Member States of the European Union to ensure guarantees of compliance with certain categories of information rights in the administration of justice. The purpose of this work is to study the experience of the European Union and its Member States on the legislative consolidation and practical implementation of guarantees of observance of the information rights of individuals, participants in the judicial process, the formation on this basis of certain recommendations for improving the procedural legislation of Ukraine on relevant issues. To achieve this goal, general and special methods of scientific knowledge were used in the study, such as dialectical, logical, analysis and synthesis, comparative law, and others. The paper proves the connection between the principles of ethical and lawful use of artificial intelligence in the administration of justice, provided for by the legislation of the European Union, with the content of guarantees of fundamental information rights. In particular, we are talking about the right to non-interference in private and family life, to the confidentiality of information about individual forensic evidence, to protection from automatic court decisions, to access information about algorithms for making procedural decisions, to ensure personal cybersecurity, and others. The author proves that the guarantees of information rights of participants in a judicial process in which artificial intelligence is used can acquire a practical essence only if they are properly enshrined in law and must be observed during the trial of specific court cases. Also, the scientific opinion is substantiated, according to which the effective implementation of guarantees of information rights of participants in the judicial process is possible provided that a balance is ensured between the design of safe artificial intelligence technologies controlled by decision-making judges and the conscientious, transparent and impartial use of such technologies. In the conclusions, based on the results of the study, the main directions of adaptation of the legislation of Ukraine to the legislation of the European Union on the regulation of compliance with the guarantees of information rights of individuals participating in litigation in cases of the use of artificial intelligence technologies are identified. Along with this, separate recommendations have been developed to improve the procedure for using artificial intelligence technologies by the courts of Ukraine in judicial and administrative-procedural activities. A legal and technological model for implementing guarantees of information rights of participants in litigation in developing individual digital modules based on artificial intelligence is also proposed.