The Right to Human Interaction

VERSIONE ITALIANA

Abstract [En]: Human interaction is not simply a global common good like air, oceans and land. Human interaction is “the” global public good. It has long been considered the “backdrop” to social, economic and legal relations. The perception that it could not be “replaced” in any way meant that, as a “value”, human interaction was almost taken “for granted”. However, with the advent of digital technologies and, more recently, artificial intelligence, human interaction has become a “risky” asset and has therefore become “visible” as an absolute value, thus taking on the clear consistency of an interest worthy of legal protection in the context of negotiation and decision-making processes. The fundamental right to human interaction must be considered among the inviolable rights enshrined in Article 2 of the Italian Constitution. It is the right of every individual to be “recognised” and “heard” by another human being (and not by a machine) and, therefore, not to be dispossessed of their humanity in the relationship. This fundamental human right is intended to protect the human core of the relationship against algorithmic substitution. It is clear, moreover, that the balance underlying the most important regulations currently in place on AI (including the GDPR and the AI Act) is “incomplete”, given that they only take into account the relationship between the collective interest in the development of AI and the individual interest in the fairness of automated decisions; a balance that therefore completely ignores the (precursory) interest of each citizen in “interacting” with a “human”. The evolution of artificial intelligence requires, as a counterbalance, a new humanism, so that the real revolution is not ultimately technological, but consists in bringing human interaction back to the centre, not only on a social level, but also on a legal level. Therefore, in order to implement this right, human interaction must be placed at the centre of citizens' education, starting in schools and universities, through specific courses of study and learning of the ability to interact (negotiate) with a scientific approach. The frontier of education will therefore necessarily have to be reoriented from the digital transition to the transition towards human interaction. This challenge can be better met and overcome by recognising the right to human interaction as a fundamental and inviolable right of every individual.

Keywords: human right, artificial intelligence, GDPR, AI Act, human interaction, decision, agreement, algorithm, negotiation

Summary: 1. The legal value of human interaction. Artificial intelligence and human interaction in decision-making and negotiation processes. 1.1 AI in decision-making processes. 1.2 AI in negotiation processes. 2. Human decisions and algorithmic decisions 3. Negotiated agreements and algorithmic agreements. 4. Human interaction as an interest worthy of legal protection. The right to human interaction: a fundamental human right. 5. The absence of an explicit constitutional provision and the rules governing the relationship between AI and “human” presence in decision-making and negotiation processes: rules resulting from an “incomplete” balance? Article 22 of the General Data Protection Regulation (GDPR), Article 14 of Regulation (EC) 13/06/2024, No. 2024/1689/EU (“AI Act”), Article 41 of the Charter of Fundamental Rights of the European Union. 6. The recognition of the right to human interaction in the Italian Constitution 7. The exercise of the right to human interaction. A case study. 8. The transition to human interaction.