Better together? Human oversight as means to achieve fairness in the European AI Act governance – Cambridge Forum on AI: Law and Governance

‘In this article, we investigate the relationship between human oversight and fairness within the evolving framework of EU AI regulatory governance. We address two core research questions: (1) How are human oversight and fairness related? and (2) To what extent does the AI Act establish a framework for human oversight that effectively supports the implementation of the various dimensions of fairness? Based on a review of interdisciplinary literature, the article identifies three normative claims linking human oversight to fairness: first, that human oversight can help mitigate bias and error in AI systems; second, that it can function as a mechanism of accountability by assigning oversight to natural persons where AI systems lack legal liability; and third, that it can introduce human empathy and contextual sensitivity into decision-making processes, enabling a substantive notion of fairness that takes into account individual circumstances. A critical analysis of the AI Act reveals that while these normative aspirations are acknowledged, the Act only partially operationalises them, leaving several aspects of fairness insufficiently supported.’

Link: https://www.cambridge.org/core/journals/cambridge-forum-on-ai-law-and-governance/article/better-together-human-oversight-as-means-to-achieve-fairness-in-the-european-ai-act-governance/D66C7570D01467E319BA86D54E2D9FE8