FAIR AI IN THE PUBLIC SECTOR: THE ROLE OF THE RIGHT TO BE HEARD

The AI Act sets a framework of rules with the aim to promote a regulation of artificial intelligence mainly based on a human centric approach, that able a trustworthy use of it, by respecting the rule of law with a provision of compatibility of AI with the “fundamental rights, democracy and rule of law”. The regulation clarifies that the development of AI technologies should be coherent, at least, with the principles of European Union (art. 2, Treaty of European Union), European Chart of fundamental rights, European, Declaration on Digital Rights and Principles for the Digital Decade and Ethical Guidelines for Trustworthy AI from the High-Level Expert Group on Artificial Intelligence. Recent studies have been demonstrated that are arising the number of AI application in public sector; consequently, it is relevant to discuss about the implication of the regulation on public administrations, that, recently, have been started to use it in their activities. Therefore, it is crucial to examine duties arising from AI Act in order to assess whether they diverge from rules and principles that lead the public administration activities or not.