"Artificial Intelligence and Fundamental Rights: The Role of the Ombudsman in the Digital Age", was the theme addressed by Alberto Nkutumula, Justice of the Constitutional Council, in his recent lecture to the staff of the Ombudsman's Office, with the aim of promoting a debate on the powers of this body in the defense of fundamental rights and guarantees, in a context in which the advance of Artificial Intelligence (AI) presents new challenges to human dignity.

The initiative is part of a series of lectures promoted by the Ombudsman's Office, aimed at deepening the knowledge of its employees on current and relevant topics, as well as reinforcing the institutional commitment to providing quality services and safeguarding citizens' fundamental rights and freedoms.

During his speech, Alberto Nkutumula pointed out that the exponential advance of AI is transforming various sectors of society, including the legal system, but warned that such progress entails significant risks for fundamental rights, the pillars of any democratic society.

Among the most worrying risks, Nkutumula pointed out the violation of the right to privacy, autonomy and human dignity that can be compromised, especially in sectors such as health, where decisions based exclusively on AI can dehumanize care and neglect individual nuances, as well as the threat to freedom of expression and information, resulting from the spread of disinformation and "fake news" amplified by automated systems.

Nkutumula also warned of the phenomenon of "deepfakes" and the generation of fake content by AI, which can manipulate public opinion and undermine trust in democratic institutions. He also mentioned the danger of sensitive data inference, in which intelligent systems deduce private information, such as religious beliefs, health status or political convictions, from apparently harmless data.

To face these challenges and mitigate these risks, the Judge Counselor defended the need to develop robust regulatory frameworks, based on principles of transparency, responsibility, fairness and auditability, capable of guaranteeing the ethical and controlled development of AI.

Among the proposals put forward were the importance of ensuring the transparency and explainability of automated decisions; defining clear responsibilities and audits for damage caused by AI systems; maintaining human control in critical processes; developing systems with privacy by design; and combating discrimination in data and algorithms, guaranteeing fair and equitable results.

For Nkutumula, the relationship between fundamental rights and artificial intelligence represents one of the greatest legal and ethical challenges of our time.

"The protection of these rights is essential to ensure that AI is a tool for human progress, not its diminution," he said. (Press Release)