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8 Loy. U. Chi. J. Reg. Compl. 18 (2022)
Artificial Intelligence in Higher Education: Towards a More Relational Approach

handle is hein.journals/lausyco8 and id is 24 raw text is: Issue VIII

Artificial Intelligence in Higher Education:
Towards a More Relational Approach
Liane Colonna
To contribute to the emerging discipline of Responsible
Artificial Intelligence (AI), this paper seeks to determine in more detail
what responsibility means within the context of the deployment of Al
in the Higher Education (HE) context. More, specifically, it seeks to
disentangle the boundaries of legal responsibilities within a complex
system of humans and technology to understand more clearly who is
responsible and for what under the law when it comes to use of facial
recognition technology (FRT) in this context. The focus of the paper is
on examining the critical role and distinct nature of Ed Tech in
providing FRT to the HE. Apply relational ethics theory, it asks what
the legal obligations of Ed Tech product and service developers (private
organizations) are in relation to the universities (public and private
authorities involved in teaching and research), teachers, students and
other stakeholders who utilize these AI-driven tools.
The specific methodological approach to understanding
responsibility  in this  context involves pinpointing  relevant
stakeholders, describing their attendant legal obligations, and
identifying legal gaps, ambiguities, or normative conflicts in existing
laws and legislative proposals at the European Union (EU) level. The
relevant stakeholders selected include Ed Tech (developers and
companies), deployers of FRT (HE institutions and teachers), and end
users (students and civil society). The relevant laws selected for
analysis include the General Data Protection Regulation (GDPR) as
well as the proposal on Al regulation (Al Act) which has recently
been put forward by the EU Commission. While many laws might
apply to those that supply Ed Tech as well as those who deploy it, these
laws have been selected as the focus of this study because of their
separate, yet interrelated focus on safeguarding the health, safety, and
fundamental rights of individuals in the Digital Age.
The paper concludes that legal regulation in this context is
overly technocratic and could benefit from broader dialogue and
greater engagement with stakeholders to foster more creative strategies
to protect people that are harmed, disempowered, or marginalized by
the technology. The Al Act closes a gap in the law by recognizing the
complexities of modern technology's supply chains, placing more
responsibilities on the providers of Al technologies and introducing


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