The Milan Bar Association has published a document called “Charter of Principles” with the aim of offering a framework for the responsible use of artificial intelligence (AI) in the legal context. This document, also called HOROS -border in Greek- aims to outline the fundamental principles that should guide the use of AI in forensics, with a focus on the protection of rights, responsibility and transparency.
In the legal sector, AI presents itself as a tool with great potential, but also with concrete risks, if not used with awareness and responsibility. The Charter of Principles aims to regulate the interaction between technology and law, with the aim of preserving independence and trust in the judicial system.
Fundamental principles
The Charter of Principles is divided into ten fundamental principles:
- Artificial Intelligence and the Legal Profession: lawyers must use AI systems in compliance with the principles of legality, fairness, transparency and responsibility, in accordance with European and national regulations. The use of AI must be aimed at improving the quality of legal services, without compromising the rights and trust of clients.
- Duty of competence: the lawyer must constantly maintain and develop his technological skills. It is essential to understand the functionality and limitations of the AI systems used, to ensure accurate and appropriate results for the legal context.
- Transparency in the use of Artificial Intelligence: Lawyers must clearly inform their clients about the use of AI and its possible impact on the legal service provided. Transparency also includes the ability to explain how AI has affected the processing of documents, the analysis of evidence, or other legal activities.
- Centrality of Human Decision: The centrality of human decision making is an essential element in the use of AI. Every result generated by AI must be subjected to human review to ensure its appropriateness, accuracy and compliance with ethical and legal principles.
- Data protection and confidentiality: The use of AI by lawyers must be in full compliance with fundamental principles of personal data protection, such as data minimization, transparency and purpose limitation. A “privacy by design” and “privacy by default” approach is essential to integrate data protection from the design stage of AI systems.
- Cyber Security: The adoption of AI tools requires special attention to cybersecurity, to ensure that data is protected and that the systems used are safe and reliable. It is essential to ensure that systems are regularly audited to correct any vulnerabilities.
- Risk assessment of the use of AI systems in forensics: Lawyers must conduct an ongoing risk assessment of the use of AI. This analysis must consider potential vulnerabilities, such as inaccuracy of the data used, the presence of bias or the potential compromise of the confidentiality of information.
- Diversity and environmental sustainability: The use of AI in forensics must respect the principles of diversity, environmental sustainability and non-discrimination. It is necessary to consider the environmental impact of the use of digital technologies, adopting practices that reduce the consumption of energy resources and favoring sustainable solutions.
- Continuous Training and Re-Skilling: Continuous training is central to ensuring that the use of AI is consistent with a constant deepening of skills in the field. Re-skilling not only keeps the lawyer abreast of technological evolution, but also allows to improve the quality of the services offered, providing modern and informed legal advice.
- Copyright protection: Copyright protection is a primary principle in the use of AI. Lawyers have a duty to ensure that the works and data used comply with applicable regulations.
Forensic institutions have a responsibility to ensure that technological transformation does not compromise the rights of individuals.. It is essential that lawyers can operate in a regulated context, where the boundary between technological support and professional autonomy is clear.
The publication of this Charter of Principles represents an important step forward in regulating the use of artificial intelligence in the legal sector, providing guidance for lawyers and legal practitioners who are faced with the challenges posed by technological innovation and is in line with the regulatory provisions, including supranational ones, that are gradually coming into force with respect to these issues.
Content by the Lawyer. Gianmaria Pesce
