HUMAN RIGHTS AND CIVIL LAW RISKS OF ARTIFICIAL INTELLIGENCE: A SYSTEMATIC ANALYSIS OF SURVEILLANCE, ALGORITHMIC BIAS, AUTOMATED DECISION-MAKING, AND RESTRICTIONS ON FREEDOM OF EXPRESSION

Authors

  • Jelena Matijašević University Business Academy in Novi Sad Author
  • Maida Bećirović Alić University of Novi Pazar Author
  • Jasmina Nikšić University of Novi Pazar Author
  • Irma Mašović Muratović University of Novi Pazar Author

Keywords:

artificial intelligence, human rights, digital surveillance, fair trial rights, freedom of expression

Abstract

The development of artificial intelligence significantly shapes contemporary social processes, but at the same time opens up complex issues regarding the protection of fundamental human rights. This paper provides a systematic analysis of the key risks that AI technologies produce in the areas of rights to privacy, equality, fair trial and freedom of expression. The author analyzes the phenomenon of digital surveillance and the erosion of privacy due to the collection, analysis and predictive modeling of large data sets, including biometric information and data from daily user interactions. Next, algorithmic bias is analyzed as a mechanism that reproduces and deepens existing social inequalities, which threatens the right to equal treatment. Special attention is paid to the application of AI in the judiciary, where non-transparent decision-making models, inferior explainability and the risk of "automated suggestion" call into question the realization of procedural guarantees of a fair trial. The final part discusses the risks to freedom of expression, including the consequences of automated content moderation, personalized ranking of information and the generation of synthetic content that undermines the integrity of public discourse. By analyzing the relevant literature and the current regulatory framework, the paper points to normative gaps and the need to create a coherent legal system that will ensure that the application of artificial intelligence is harmonized with the protection of human rights. The paper concludes that sustainable regulation of AI is possible only through a combination of technical transparency, democratized supervision and strengthening of procedural and material guarantees in the digital environment.

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Published

2026-01-27

How to Cite

HUMAN RIGHTS AND CIVIL LAW RISKS OF ARTIFICIAL INTELLIGENCE: A SYSTEMATIC ANALYSIS OF SURVEILLANCE, ALGORITHMIC BIAS, AUTOMATED DECISION-MAKING, AND RESTRICTIONS ON FREEDOM OF EXPRESSION. (2026). Univerzitetska Misao - časopis Za Nauku, Kulturu I Umjetnost, 25(25). https://publikacije.uninp.edu.rs/index.php/um/article/view/424