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Digital Rights and Artificial Intelligence

  • Mert Özkeser
  • Oct 4
  • 3 min read

With every technological advancement, individual rights are being reshaped. Artificial intelligence (AI) systems are no longer just tools that make life easier; they are actively involved in decision-making processes, processing personal data, and even conducting analyses that are likely legal consequences. At the same time, surveillance technologies are becoming increasingly widespread, blurring the boundaries of privacy. These developments raise many legal questions.

With the rise of the internet and digital technologies, individual rights have entered a new dimension. The protection of personal data, freedom of expression, and the right to privacy must now be safeguarded not only in the physical world but also in the digital sphere. The General Data Protection Regulation (GDPR), enacted by the European Union, is one of the most significant steps in this area. However, it is clear that not all countries apply these regulations in the same manner. For example, while individuals in some countries have full control over their personal data, in others, governments or private companies can process user data with relative ease. The differences between legal systems make it difficult to ensure digital rights on a global scale. Furthermore, major technology companies play a crucial role in this process. Platforms like Facebook, Google, and Amazon collect and analyze the data of billions of people. This data is used in various fields, from advertising to political analysis. The law must balance this process, protecting individual rights without hindering economic and technological development.

AI is no longer merely a technology that performs simple tasks; it has become integrated into decision-making mechanisms. Particularly in areas such as healthcare, finance, and law, AI-driven decisions directly impact human lives. However, a major issue arises: When AI makes a wrong decision, who bears the legal responsibility?

In traditional legal systems, responsibility is generally assigned to individuals or institutions. However, there is still no clear framework regarding AI-related errors. Should the responsibility fall on the software developers, the companies using these systems, or AI itself? For instance, if an autonomous vehicle causes an accident, is the driver at fault, or should the blame be placed on the software developers?

Moreover, the data AI uses in decision-making processes presents another significant challenge. If a system is trained with biased data, its decisions will also be biased. This makes ensuring justice in legal processes more difficult. AI-driven systems used in recruitment, credit evaluations, and crime analysis could exacerbate inequalities if left unchecked.

Privacy has become one of the most pressing concerns for individuals. Governments and corporations are increasingly utilizing surveillance technologies. Security cameras, facial recognition systems, and internet activity tracking have turned the modern world into a place where every movement is monitored.

China’s social credit system is one of the most striking examples of how far surveillance can extend. The state assigns scores to citizens based on their behavior, granting or restricting various rights accordingly. In Europe, law enforcement agencies are testing facial recognition systems. Meanwhile, in the United States, tech companies track user activity online to deliver personalized advertisements.

This situation poses a significant threat to privacy rights. Many individuals are unaware of how their data is being used. For instance, numerous free applications collect data in the background and share it with third parties. Legal frameworks need to establish stronger protective mechanisms to address these concerns.

The correct dynamic between digital rights, AI, and surveillance technologies is still trying to be sustained. Legal systems struggle to keep pace with the rapid evolution of technology: existing laws often prove inadequate, necessitating new regulations. To find the correct balance, these regulations must protect individual rights without stifling technological progress.

In the coming years, the following issues will be at the forefront:

  • Global regulation developments to ensure the protection of personal data

  • Making AI systems more transparent, and mandatory oversight

  • Limits to the use of surveillance technologies to protect individual privacy.

As technology advances, the law must also adapt. To ensure that people can defend their rights in the digital world, clearer rules must be established. If this process is not managed correctly, privacy, justice, and individual freedoms could face serious threats.



References

-"Yapay Zeka ve Hukukta Yeni Düzenlemeler" Dergi Park https://dergipark.org.tr/en/download/article-file/3508778



 
 
 

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