Kunstig intelligens og individets frie vilje: De grundlæggende rettigheder i teknologiudviklingens perspektiv

Nicolai Philip van Hauen & Jakob Thyregod

Student thesis: Master thesis


This thesis engages with the blooming technology of artificial intelligence, in respect to the increasing threat posed towards an individuals fundamental rights, in regards to commercial and noncommercial manipulation specifically on online social platforms. The legal analysis begins by delineating free will as a fundamental human right from the European Union Charter of Fundamental Rights; specifically the protection of human dignity and integrity in respectively Article 1 and 3. It is thus concluded that human free will is a fundamental condition for the safeguarding and protection of these rights. With the platform TikTok as a primary example, the analysis demonstrates how the General Data Protection Regulation (GDPR) aims to protect the fundamental rights against algorithmic manipulation, but is limited by the complex and opaque nature
of advanced AI as well as the limited options for enforcement. The Unfair Commercial Practice Directive (UCPD) is also relevant in this regard, but is hindered by its dated design and formulations. Without any newer practice, it is not yet clear whether or not algorithmic manipulation can be considered an aggressive practice. The following economic analysis treats the problem by analysing how the current moral hazard problem between regulator and online platforms, can be solved by raising the general transparency and by imposing larger sanctions in the case of violation. The relation between the platform and
consumer is treated as well; ultimately consumers will likely keep using such platforms, even after a possible exposure to data-driven manipulation on their favourite platform. Finally, the integrated analysis combines the prior conclusions in order to examine the expected effect of the two forthcoming general directives; the Artificial Intelligence Act and the Digital Service Act.
In conclusion, these regulations will serve their purpose, only if general transparency is raised and the new sanctions are actively enforced in cases of violations.

EducationsMSc in Commercial Law, (Graduate Programme) Final Thesis
Publication date2021
Number of pages121
SupervisorsJan Trzaskowski & Henrik Lando