Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation
This article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU...
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| Format: | Article |
| Language: | English |
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MDPI AG
2025-06-01
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| Series: | Laws |
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| Online Access: | https://www.mdpi.com/2075-471X/14/3/41 |
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| author | Gergely Ferenc Lendvai Gergely Gosztonyi |
| author_facet | Gergely Ferenc Lendvai Gergely Gosztonyi |
| author_sort | Gergely Ferenc Lendvai |
| collection | DOAJ |
| description | This article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU’s user-centric legal frameworks, such as the GDPR, DSA, and AI Act, address the systemic risks posed by biased algorithms. The findings underscore persistent enforcement gaps, particularly concerning opaque black-box algorithmic design, which hampers bias detection and remediation. The paper highlights how current regulatory efforts disproportionately affect marginalized communities and fail to provide effective protection across jurisdictions. It also identifies structural imbalances in legal instruments, particularly in relation to risk classification, transparency, and fairness standards. Notably, emerging regulations often lack the technical and ethical capacity for implementation. We argue that global cooperation is not only necessary but inevitable, as regional solutions alone are insufficient to govern transnational AI systems. Without harmonized international standards, algorithmic bias will continue to reproduce existing inequalities under the guise of objectivity. The article advocates for inclusive, cross-sectoral collaboration among governments, developers, and civil society to ensure the responsible development of AI and uphold fundamental rights. |
| format | Article |
| id | doaj-art-e31a0ae61a4244838cecdbf34288d475 |
| institution | DOAJ |
| issn | 2075-471X |
| language | English |
| publishDate | 2025-06-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj-art-e31a0ae61a4244838cecdbf34288d4752025-08-20T03:16:22ZengMDPI AGLaws2075-471X2025-06-011434110.3390/laws14030041Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of RegulationGergely Ferenc Lendvai0Gergely Gosztonyi1Faculty of Public Governance and International Studies, Ludovika University of Public Service, 1083 Budapest, HungaryDigital Authoritarianism Research Lab (DARL), Faculty of Law, Eötvös Loránd University (ELTE), 1053 Budapest, HungaryThis article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU’s user-centric legal frameworks, such as the GDPR, DSA, and AI Act, address the systemic risks posed by biased algorithms. The findings underscore persistent enforcement gaps, particularly concerning opaque black-box algorithmic design, which hampers bias detection and remediation. The paper highlights how current regulatory efforts disproportionately affect marginalized communities and fail to provide effective protection across jurisdictions. It also identifies structural imbalances in legal instruments, particularly in relation to risk classification, transparency, and fairness standards. Notably, emerging regulations often lack the technical and ethical capacity for implementation. We argue that global cooperation is not only necessary but inevitable, as regional solutions alone are insufficient to govern transnational AI systems. Without harmonized international standards, algorithmic bias will continue to reproduce existing inequalities under the guise of objectivity. The article advocates for inclusive, cross-sectoral collaboration among governments, developers, and civil society to ensure the responsible development of AI and uphold fundamental rights.https://www.mdpi.com/2075-471X/14/3/41algorithmic biasDSAEuropean regulationblack boxalgorithmsAI |
| spellingShingle | Gergely Ferenc Lendvai Gergely Gosztonyi Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation Laws algorithmic bias DSA European regulation black box algorithms AI |
| title | Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation |
| title_full | Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation |
| title_fullStr | Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation |
| title_full_unstemmed | Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation |
| title_short | Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation |
| title_sort | algorithmic bias as a core legal dilemma in the age of artificial intelligence conceptual basis and the current state of regulation |
| topic | algorithmic bias DSA European regulation black box algorithms AI |
| url | https://www.mdpi.com/2075-471X/14/3/41 |
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