Maksymilian arbetar med projektet "AI-drivna videobaserade AAL-teknologier och intresseavvägning". Målet med detta projekt är att föreslå en metod för att balansera och identifiera lämpliga juridiska verktyg för avvägning i samband med AI-drivna videobaserade Active and Assisted Living (AAL)-teknologier. Undersökningen fokuserar på europeisk rätt och AAL som används i privata hem.

Avhandlingen inleds med att identifiera intressenter, deras primära intressen och potentiella konflikter. Därefter presenteras två huvudsakliga tillvägagångssätt för avvägning som erkänns i praxis från Europeiska domstolen för de mänskliga rättigheterna och Europeiska unionens domstol. Med utgångspunkt i dessa insikter konstrueras en katalog över juridiska verktyg för avvägning.

Denna avhandling bidrar till det juridiska forskningsfältet genom att undersöka begreppet balans, metoder för avvägning samt generera en katalog över verktyg för avvägning. Dessutom driver den forskningen om AAL-teknologier framåt genom att föreslå en ny klassificering av intressenter som kombinerar analytiska kategoriseringar med de som är förankrade i rättsliga ramar samt genom att identifiera verktyg för avvägning som är tillämpliga i AAL-sammanhang.

 

I urval från Stockholms universitets publikationsdatabas

• Equilibrating the scales: balancing and power relations in the age of AI

  2025. Maksymilian Kuzmicz. AI & Society

  Artikel

  As artificial intelligence (AI) continues to reshape our world, the spectre of technological domination looms large. This paper delves into the equilibrium model of balancing as a legal safeguard against AI-driven power imbalances. First, the study unveils the sources of domination: control over resources and events. Subsequently, potential legal tools of counterbalancing are identified and discussed. Employing a proactive, theory-building approach, the research synthesises legal rules, case studies, and scholarly insights to construct a framework for understanding and implementing balancing in AI contexts. The paper’s findings offer valuable insights for policymakers, legal scholars, and AI developers seeking to navigate the complex landscape of power relations in the age of AI.

  Läs mer om Equilibrating the scales

• Proactive Balancing: AI-driven video-based Active Assisted Living technologies and balancing of interests

  2025. Maksymilian M. Kuzmicz.

  Avhandling (Dok)

  This thesis aims to propose a method of balancing and identify appropriate legal tools of balancing in the context of AI-driven video-based Active Assisted Living (AAL) technologies. AAL represents a suite of technologies integrated into computer systems that leverage AI to assist older adults in their daily lives, enabling them to live independently and remain active.

  While numerous studies assert that AAL technologies keep improving their ability to assist individuals in need, this optimistic prospect must be juxtaposed to several concerns. These concerns are often conflicts of interests, i.e., situations in which pursuing one interest may hinder another. Conflicts of interest can be approached in many ways, one of which is balancing. That presents an issue of balancing as a conflict management tool in the AAL context. In the legal context, the problem is more specific: What is balancing, and how could it be used to prevent or solve conflict?

  Consequently, the main subject of this book is structuring balancing as a legal method of conflict management in the AAL context. The investigation focuses on European law and AAL deployed at private homes. The thesis begins by identifying stakeholders and their primary interests. Next, the work proposes to merge the risk identification method with a dogmatic analysis of law to provide a method of identification of potential conflicts. Subsequently, the book 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: proportionality and compromising. Each method is analysed and presented in a structured way, tailored to the AAL context. Building on these findings, a catalogue of legal tools for balancing is constructed. Finally, the thesis examines the possibility of an integrated model of balancing, proposes how it could be constructed, and evaluates its potential role as risk and quality management systems required by the AI Act.

  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. Furthermore, it proposes possible models of risk and quality management systems under the AI Act. 

  Läs mer om Proactive Balancing

• 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

  Kapitel

  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.

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

• 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)

  Konferens

  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.

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

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

  2023. Maksymilian Kuzmicz. Digital Society 2 (3)

  Artikel

  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. 

  Läs mer om A Concept of Balance of Interest in the Context of Active Assisted Living

• 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

  Artikel

  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.

  Läs mer om Naked in the Eyes of the Law

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

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

  Kapitel

  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.

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

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

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

  Konferens

  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.

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

• 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

  Kapitel

  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.

  Läs mer om Information Obligation as a Balancing Tool in the Context of Active and Assisted Living

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

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

  Rapport

  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.

   

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

Visa alla publikationer av Maksymilian Michal Kuzmicz vid Stockholms universitet