Maksymilian is working on the project “AI-driven video-based AAL technologies and balancing of interests”. The aim of this project is to propose a method of balancing and identify appropriate legal tools of balancing in the context of AI-driven video-based Active and Assisted Living (AAL) technologies. The investigation focuses on European law, and AAL deployed at private homes. The thesis begins by identifying stakeholders, their primary interests, and potential conflicts. Subsequently, it 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. Building on these findings, a catalogue of legal tools for balancing is constructed. 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.

A selection from Stockholm University publication database

• Inspirations from EU financial law for privacy protection by information obligations in Active and Assisted Living technologies

  2023. Maksymilian Kuźmicz. Internet. Hacking, 172-197

  Chapter

  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.

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• State of the Art on Ethical, Legal, and Social Issues Linked to Audio- and Video-Based AAL Solutions

  2021. Alin Ake-Kob (et al.).

  Report

  Ambient assisted living (AAL) technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between high-income countries (HIC) and low and middle-income countries (LMIC). Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things (IoT) devices and ones equipped with artificial intelligence (AI) quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private (e.g., the home). The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues (ELSI). A set of ELSI guidelines is needed to integrate these factors at the research and development stage.

   

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• Information Obligation as a Balancing Tool in the Context of Active and Assisted Living

  2022. Maksymilian Kuzmicz. ICCHP-AAATE 2022 Open Access Compendium "Assistive Technology, Accessibility and (e)Inclusion" Part II, 260-269

  Chapter

  This contribution aims to present information obligation as an im-portant balancing tool in the context of Active and Assisted Living (AAL). The importance of being informed is emphasised in economics, social life, and law. In the context of AAL, there is a potential informational imbalance, which has three aspects: 1. The market position of the consumer. 2. Processing of personal data. 3. Understanding of technologies. Those imbalances may influence the perception of AAL and its acceptance by people. An information obligation may be a proper tool to solve the problem of informational imbalance. Therefore, two key European legal acts, the General Data Protection Regulation and the AI Act, proposed in 2021, establish various information obligations. Those obligations must be carried out effectively. The three most crucial consequences of the acts are as follows: 1. In case of a legal dispute concerning the information obligation, the burden of proof is on the provider of the product. 2. Providers of the AAL systems should deliver information in an intelligible way. 3. The form in which information is given shall be harmonised to enhance the comparability of products. This does not have to be done by legal regulation, but can be implemented by the industry itself (in a form of technical standards or a code of best practices). Experiences from the field of European banking and investment law may be used to effectively fulfil information obligation in the context of AAL. In the conclusions, practical consequences of the role of information obligation will be discussed. The reflection takes stock of three aspects of information obligation as a balancing tool: 1. Its importance. 2. Its sufficiency. 3. The most needed improvements.

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• A Concept of Balance of Interest in the Context of Active Assisted Living

  2023. Maksymilian Kuzmicz. Digital Society 2 (3)

  Article

  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. 

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• Video-Based AAL and Intimate Pictures – Criminal Liability in European, Irish, and Polish Law

  2023. Maksymilian Michal Kuźmicz. Assistive Technology, 105-112

  Conference

  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.

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• Naked in the Eyes of the Law: Criminal Law Perspective on Nudity in Chosen European Jurisdictions in the Context of Innovative Technologies

  2023. Maksymilian Kuzmicz. European Journal of Crime, Criminal Law and Criminal Justice 31 (3-4), 325-345

  Article

  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.

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• Who Should We Care About in the Digital World? Challenges of Stakeholders' Identification – The Case Study of AAL

  2024. Maksymilian Kuzmicz. Data Protection and Privacy, Volume 16: Ideas That Drive Our Digital World

  Chapter

  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.

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• What Should we Care About in AAL? Unveiling the Main Interests of the Users in the Legal Context

  2024. Maksymilian Kuzmicz. 2024 IEEE 18th International Conference on Automatic Face and Gesture Recognition (FG)

  Conference

  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.

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Show all publications by Maksymilian Michal Kuzmicz at Stockholm University