In light of this, it is critical that EU legislators take advantage of the chance to draft laws that not only fully utilize artificial intelligence’s potential but also firmly protect our rights and the rule of law. This joint essay by Jonathan Day and Eva Simon examines the vital need for rule of law protections in the EU Artificial Intelligence Act, which is poised to become the first complete legal framework for AI globally.

The EU’s Artificial Intelligence Act, which would provide a complete legal framework for AI globally, is a historic achievement as it moves closer to the final phases of negotiation. But when the final details are worked out, it is critical that European legislators give human rights protection and strict AI use regulations first priority. Although human rights protections have been the subject of much discussion, one essential component has been overlooked: creating a strong and transparent link between artificial intelligence and the rule of law.

Human rights, democracy, and the rule of law are all separate but closely related ideas that depend on one another. It is impossible to separate these ideas without endangering the foundation of our civilizations.

The EU’s core value, the rule of law, acts as a cornerstone for the fulfillment of other essential principles and the exercise of human rights. The concept of the rule of law is infamously difficult to define precisely, but it includes a range of principles that are essential to democratic societies, such as equal treatment under the law, checks and balances, the separation of powers, open and pluralistic legislative processes, and independent, unbiased courts.

With the AI Act, there is a rare chance to create a safe, well-regulated environment built on the principles and protections of the rule of law as well as fundamental rights. Strong safeguards are required to protect the fundamental tenets of our Union as AI becomes more and more integrated into the public and private spheres. This is because improper use of AI systems poses a serious threat to democracy and the rule of law.

The requirement of effect assessments on basic rights is essential to these protections. These evaluations are essential to ensuring that AI technologies and their use respect the values of justice, accountability, and fairness. They are included in the AI Act proposed by the European Parliament. This is especially important when it comes to AI employed in justice systems, as it’s crucial to have appropriate monitoring and follow the law.

Furthermore, these impact assessments must to incorporate criteria of the rule of law. The protection of the rule of law can be strengthened by implementing a systematic methodology for assessing potential risks, biases, and unintended effects of AI deployment, together with techniques for mitigation, regular evaluations, and updates.

It is imperative that the AI Act’s national security exemptions be addressed. The Act should apply to AI systems created or used for national security reasons in order to avoid potential misuse, such as behavioral analysis or public surveillance, which would violate national security exclusions.

The Pegasus spyware incident highlights the necessity to make sure AI systems created or utilized for national security are not excluded from the AI Act’s purview. The incident involved journalists, human rights activists, and politicians being surveilled by their own governments. Different national security definitions inside the EU can lead to differences in citizen profiling depending on national government goals, endangering fundamental rights as well as the rule of law.

It is clear that AI is being used in targeted messaging and disinformation campaigns in light of the impending elections in Poland and the European Parliament. In order to stop power abuse and exploitation, transparency in AI technologies is essential. This includes fact-checking, content banning, and the ability to recognize criminal behaviors.

In summary, the EU AI Act needs to make clear that the rule of law is important and require impact assessments to take both fundamental rights and rule of law concepts into account. Our society will be significantly shaped by the regulatory decisions we make now as AI becomes more and more embedded into our daily lives. Lawmakers in the EU need to take advantage of this chance to create laws that protect our rights and the rule of law while utilizing AI’s promise.

Jonathan Day is the Communications Manager at Civil Liberties Union For Europe, a campaign network located in Berlin that aims to bolster the rule of law throughout the European Union, while Eva Simon leads advocacy for Tech & Rights.