Artificial Intelligence Governance and Legal Regulation: Emerging Trends and Challenges

Abstract

Artificial intelligence (AI) has become an integral part of governance, economics and law. Governments employ algorithmic technologies for taxes, social welfare, law enforcement and health care, and private platforms control information and labour markets. This growth has led to a regulatory challenge. Technological innovation proceeds through processing data, training algorithms. Legislative regulation progresses through more time-consuming regulatory mechanisms. This paper explores the field through a doctrinal analysis of legal and regulatory initiatives, such as the European Union AI Act, OECD AI Principles, US executive model and the Indian position under the DPDP Act and NITI Aayog. The paper highlights four recurring issues of accountability and responsibility, bias and discrimination, data governance and regulatory fragmentation. The paper links empirical research trends to legal issues. Richness in the use of ethics and governance terms and scantiness in the doctrinal work on liability and enforcement is noted. The paper recommends a comprehensive regulatory approach with a chain of risk-based classification, impact assessments and sectoral regulatory measures. The novelty is the combination of bibliometric analysis and legal analysis to offer regulators, academics and practitioners an overview of the state of AI governance and its direction.