Reflections on the impact of IT and AI based tools in judicial systems (2024) - Blerina Bulica

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The main object of the article is to analyze the impact that the use of information technology and artificial intelligence technologies in judicial systems have had on human rights and values. In this connection, the paper focuses on the potential risks in the context of the digitalization of judicial services providing suggestions to address and mitigate them. For this purpose, it highlights the need of taking preemptive measures in order to protect users and also to promote democratic norms such as responsibility, equality, and openness. For meeting these requirements, the paper emphasizes the obligation of having an Artificial Intelligence Design that is responsible for the preservation of human rights concepts such as judicial independence, justice, privacy, and non-discrimination. In this direction it is cru-cial for design projects to offer the due guarantees of human rights, such as the right to be informed, the right to seek restitution from harm and the freedom to choose to disapprove of artificial intelligence technology, which have to be assessed continuously. Furthermore, since technological improvements are outpacing legal changes, it is important to inform individuals about the implications of their rights as result of the use of artificial intelligence technologies in the field of judicial services. The underlying presumption is that an effort-less transition to paperless justice requires putting into place the necessary mechanisms for the pre-assessment, auditing, and monitoring of human rights values of IT and AI’ technol-ogy design. In light of the fact that the Albanian judicial system is now in the process of im-plementing a thorough digital reform with the goal of enhancing the use of information technology tools in accordance with the principles of efficiency, transparency, and ac-countability, the policy brief may prove to be of great benefit to policymakers and relevant stakeholders.

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