PROXAI
PROcedural Justice, EXplainability and Accuracy in the Proof and Causation in AI Litigation
Ljupcho Grozdanovski - Principal investigator
Christophe Dubois - Principal investigator
Patrick Italiano - Research Engineer
Seeking to prevent harm caused by AI systems, national and supranational regulators generally chose a priori technical standardization. In doing so, they paid little attention to the procedural safeguards that human agents (programmers, users) should benefit from when AI-related harm materializes. Though procedural AI regulation has recently begun to emerge, neither scholarship nor the existing court practice provide definitive solutions on the types of evidence that litigants should be legally entitled to access, adduce and explain, when they debate fault and causation in AI liability cases. The PROXAI project will fill this gap.
First, it will induce the most relevant and probative evidence in the field of AI liability based on data collected from a global consultation aimed at revealing the items of evidence (documentary, witness, expertise) and corresponding probative values that the respondents view as most relevant for the effective and fair unfolding of trials addressing AI liability.
Based on the data gathered, PROXAI will create a taxonomy of evidence which will, second, serve as basis for a regulatory proposal of a framework of procedural abilities that litigants should be entitled in AI litigation. A comparative analysis on evidence-related fair trial safeguards (right to access facts, right to defense, equality of arms) between selected national systems and two supranational ones (EU, European Convention of Human Rights - ECHR) will uncover the levels of disclosure and explainability of evidence needed for the right to a fair trial to effectively apply. Against that backdrop, PROXAI will prospect the points on which the future AI regulation in the EU should be improved (through amendments or judicial interpretation) so that human agents debating AI liability are not left without the benefit from - truly - effective judicial protection.
