Privacy is a critical concern in the digital age, especially with the rise of AI technologies. Despite its importance, privacy lacks a universally accepted definition, making it a complex and multifaceted issue. This paper offers an overview of privacy conceptualisations in philosophy, law, and social sciences. By integrating these disciplinary perspectives, we propose a composite, operational definition of privacy. Having such a definition is particularly relevant to AI governance through regulations due to the textual nature of the law. The interdisciplinary approach of this paper aims to bridge theoretical insights with practical implications for privacy protection in the era of AI.

As artificial intelligence (AI) continues to reshape our world, the spectre of technological domination looms large. This paper delves into the equilibrium model of balancing as a legal safeguard against AI-driven power imbalances. First, the study unveils the sources of domination: control over resources and events. Subsequently, potential legal tools of counterbalancing are identified and discussed. Employing a proactive, theory-building approach, the research synthesises legal rules, case studies, and scholarly insights to construct a framework for understanding and implementing balancing in AI contexts. The paper’s findings offer valuable insights for policymakers, legal scholars, and AI developers seeking to navigate the complex landscape of power relations in the age of AI.

This thesis aims to propose a method of balancing and identify appropriate legal tools of balancing in the context of AI-driven video-based Active Assisted Living (AAL) technologies. AAL represents a suite of technologies integrated into computer systems that leverage AI to assist older adults in their daily lives, enabling them to live independently and remain active.

While numerous studies assert that AAL technologies keep improving their ability to assist individuals in need, this optimistic prospect must be juxtaposed to several concerns. These concerns are often conflicts of interests, i.e., situations in which pursuing one interest may hinder another. Conflicts of interest can be approached in many ways, one of which is balancing. That presents an issue of balancing as a conflict management tool in the AAL context. In the legal context, the problem is more specific: What is balancing, and how could it be used to prevent or solve conflict?

Consequently, the main subject of this book is structuring balancing as a legal method of conflict management in the AAL context. The investigation focuses on European law and AAL deployed at private homes. The thesis begins by identifying stakeholders and their primary interests. Next, the work proposes to merge the risk identification method with a dogmatic analysis of law to provide a method of identification of potential conflicts. Subsequently, the book presents two main approaches to balancing recognised in the case law of the European Court of Human Rights and the Court of Justice of the European Union: proportionality and compromising. Each method is analysed and presented in a structured way, tailored to the AAL context. Building on these findings, a catalogue of legal tools for balancing is constructed. Finally, the thesis examines the possibility of an integrated model of balancing, proposes how it could be constructed, and evaluates its potential role as risk and quality management systems required by the AI Act.

This thesis makes contributions to the field of legal sciences by examining the concept of balance, methods of balancing, and generating a catalogue of balancing tools. Moreover, it advances the research on AAL technologies by proposing a novel stakeholders’ classification that merges analytical categorisations with those grounded in legal frameworks and identifying balancing tools applicable in the AAL context. Furthermore, it proposes possible models of risk and quality management systems under the AI Act. 

The development of AI affects various stakeholders, potentially leading to conflicts of interest-clashes between the interests of different parties. These conflicts can hinder the progress and deployment of AI systems. This study addresses the proactive management of conflicts of interest, aiming to prevent them. It advocates for the use of risk identification methods to achieve this goal. The approach is supported by elucidating the concepts of conflict of interest and risk, and exploring their interconnections. The paper then demonstrates the application of risk identification methods to conflicts arising from the processing of personal data by AI systems in a care context.

While AAL technologies continue to improve their effectiveness in assisting senior citizens, they also give rise to ethical and social concerns. This can be attributed to the diverse interests of various stakeholders involved. Achieving a balance among stakeholders' interests holds the potential to enhance users' trust in AAL technologies, thereby fostering greater acceptance of these innovations. A vital step in that process involves recognizing the stakeholders involved, along with their respective interests. This paper aims to identify and categorise the primary interests of users within the context of video-based AAL. To accomplish this, the paper begins by presenting the theoretical framework of the concept of interest, along with the methodologies employed for the identification of interests. Subsequently, the key interests pertaining to AAL users are determined. This is achieved by examining relevant scholarly works that discuss the interests of AAL users, and organizing them based on the underlying values they represent: personal autonomy, quality of life, privacy, and economic interests. In doing so, also the legal protection of each interest is discussed. Thus, this paper combines the legal context of AAL users' interests with the perspectives of other social sciences, which is the novelty of this contribution. Finally, the concluding section provides a summary of the findings, and presents the resulting conclusions.

This paper explores the intricate process of stakeholder classification within the intersection of law and innovative technologies, specifically focusing on video-based Active and Assisted Living (AAL) technologies. In three steps, the study introduces a stakeholder classification model based on pertinent legislation, critically evaluates existing AAL stakeholder taxonomies, and proposes a novel compound categorization. By integrating diverse perspectives, this approach aims to surmount the limitations inherent in current categorizations, providing a comprehensive understanding of AAL stakeholders. The findings significantly contribute to the nuanced comprehension of stakeholder identification, shedding light on the rights, obligations, and intricate interrelationships governed by legal frameworks in the domain of AAL technologies. Consequently, this research enriches our knowledge of the intricate nature of stakeholders in the digital world.

This paper explores the concept of balancing interests within the context of Active Assisted Living (AAL). AAL technologies hold great promise for addressing the care and support needs of older adults. However, they also raise ethical and social considerations that necessitate a careful balance of interests among various stakeholders. The objective of this study is to comprehensively examine the notion of balance shedding light on its multifaceted dimensions and discuss practical implications for the AAL. Drawing on a thorough literature review and interdisciplinary insights, the research unfolds in three stages. First, it recognizes four key dimensions of balance: equilibrium, avoidance of extremes, proportion, and compromise. Subsequently, the study explores arguments both in favor of and against balancing, addressing issues such as absolute values, methodological concerns, benefits of imbalances, and alternative approaches. This examination offers a comprehensive perspective on the complexities surrounding the concept of balance. Finally, the paper investigates the implications of the conceptual framework within the AAL context, examining what the process of balancing interests could mean from this perspective. 

This paper shows how experiences from the area of EU financial law can be used to strengthen privacy protection in Active and Assisted Living (AAL), by fulfilling information obligations. Firstly, the importance of the information obligation in the fields of law, society, and economics is explained. A reluctance to accept new technology often comes from a lack of understanding thereof. In economics, it is assumed that people make informed choices, and that the main tool for consumer protection is the provision of information (the information paradigm). That is why the law requires us to provide information, sometimes making it a condition of a transaction’s validity. Two main EU legal acts vital for computer systems and assistive technology,i.e., the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act) proposed by the Commission in 2021, are analysed to identify information obligations: They specify different information obligations, including rules on informed consent, without which several systems and their functions cannot be used. The purpose of the requirement of informed consent is to provide data subjects with tools to protect their privacy, allowing them to decide how their personal data may be processed. The information obligation is similarly applied in the field of consumer protection. In this paper, I suggest verifying the development of regulations concerning consumer protection by information obligation in EU banking and investment law. After the crisis of 2008, a long legal trajectory occurred – from the detailed prospectus, through the simplified prospectus and the Key Investor Information Document (KIIDs), to the current standardised and shorter Key Information Document (KID). Changes were introduced, as a result of behavioural research into people’s perceptions and understanding. That experience may be useful in assisting technologies to fulfil the legal information obligations most effectively and, therefore, strengthen data privacy protection.

This paper conducts a legal analysis of the concept of nudity in the context of innovative technologies in selected European jurisdictions. The laws of Poland, Ireland, and the European Union are examined and compared in terms of their approach to the protection of nudity. The research finds that while there are similarities in the criminal laws of Poland and Ireland, there are also notable differences in the understanding of nudity. Additionally, the proposed EU Directive on combating violence against women and domestic violence is examined in relation to the non-consensual distribution of intimate and manipulated images. The study concludes by recommending further research to clarify the legal definition of nudity, and to address the concerns of different individuals and groups with varying sensitivity towards nudity.

Active and Assisted Living (AAL) technologies offer solutions for addressing healthcare challenges associated with ageing societies and a shortage of care personnel. At the same time, these technologies raise significant privacy issues, which may constitute a barrier to the sustainable adoption and acceptance of AAL. In particular, concerns arise from the presence of cameras in intimate situations, including nudity, and the potential production and dissemination of intimate pictures, which constitutes a risk for AAL users. The paper compares the regimes of criminal liability for making and disseminating intimate pictures under EU, Irish, and Polish law. The study aims to help AAL users understand their legal protection, and give providers and developers more insight into their legal responsibilities. The paper first presents different understandings of an intimate picture in each jurisdiction, followed by a discussion of what the crime entails and who may be liable for it. The conclusion includes a checklist of rules concerning criminal liability, which may be useful for AAL users and providers, and conclusions de lege ferenda.