Prof. Teresa Rodríguez de las Heras Ballell
- Full professor in commercial law at the University of Madrid
- Spanish delegate of two UN agencies on various legal projects
Podcast
Overview
In an insightful episode of The Brand Called You (TBCY) podcast, host Frits Bussemaker interviews Teresa Rodríguez de las Heras Ballell, a distinguished professor in commercial law at the University of Madrid and a key member of various international and European legal bodies. This discussion delves into the intricate world of automated decision making (ADM), artificial intelligence (AI), and the evolving legal frameworks trying to keep pace with rapid technological advancements.
[00:00:08] Introduction and Background
- Full professor in commercial law at the University of Madrid
- Spanish delegate of two UN agencies on various legal projects
- Member of European Commission expert groups on new technologies and liability
- Involved with multiple universities around the world including Touraine, Austria, Oxford, and Tulane
[00:01:25] What is Automated Decision Making (ADM)?
- Use of AI systems or other automation to make decisions affecting third parties
- Examples include:
- Admission of candidates
- Promotion of employees
- Bank loan approvals
- Contractual offers and acceptances
[00:03:12] Is there a Distinction Between AI and Non-AI Automation?
- Interrelation of AI and non-AI automation techniques
- Legal implications dependent on characteristics like:
- Deterministic vs. non-deterministic systems
- Autonomy, opacity, and complexity of AI systems
[00:05:44] Can Legal Systems Keep Up with Technological Progress?
- Historical vs. contemporary views on law and technological progress
- Importance of technological neutrality in law
- COVID-19 pandemic as an inflection point highlighting the crucial role of technology in society
[00:11:48] How Differing Cultural Approaches Influence Legal Frameworks
Universal vs. Regional Perspectives
- Advocacy for a universal legal approach to AI and digital technologies
- Recognition of varying cultural, regional, and political influences
[00:16:34] What are the Different Regulatory Approaches to AI?
- Industry Self Governance
- Key Players: Microsoft, Google
- Technical Standards-Based Approach
- Key Organizations: ISO
- Soft Law
- Non-binding rules and principles by: UN, UNESCO, Council of Europe, OCDE
- Hard Law
- Mandatory regulations: European Union’s AI Act, Council of Europe conventions
[00:20:40] How Current Legal Systems Address 21st Century AI Issues?
- Examination of whether older legal models are adequate
- Proposals for integrating AI into regulatory and enforcement systems
[00:26:01] How Does Technology Impact Liability Frameworks?
- Importance of liability within the accountability framework
- Challenges introduced by:
- Opacity and complexity of AI systems
- Determining causation and assigning responsibility
[00:29:39] Can Technology Itself be Held Liable?
- Discussion on attributing liability to AI systems
- Ethical and practical obstacles
- Importance of human accountability to ensure risk mitigation
[00:32:11] European vs. Global Perspectives on Liability
- Comparison of European fault-based liability models vs. other regions’ risk-based approaches
- Examples from Saudi Arabia and South Africa treating AI entities differently
[00:37:23] Conclusion: Future Prospects of Legal and Technological Harmony
- Necessity for innovative regulatory methods
- Balancing legal certainty with technological evolution
- Teresa’s optimistic outlook on narrowing the gap between law and technology
Final Thoughts
Teresa Rodríguez de las Heras Ballell emphasizes the complexity and necessity of evolving legal systems to keep up with rapid technological advancements, particularly in AI. While recognizing the challenges, she remains optimistic about the future path towards achieving a balanced and effective regulatory environment.
RESOURCES:
Learn more about Teresa Rodríguez de las Heras Ballell : Linkedin
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Profile
- Full professor in commercial law at the University of Madrid
- Spanish delegate of two UN agencies on various legal projects
- Member of European Commission expert groups on new technologies and liability
- Involved with multiple universities around the world including Touraine, Austria, Oxford, and Tulane
