Legal Recognition of Electronic Personhood and Administrative Liability for its Activity

Abstract

This article examines the dimensions of recognizing electronic personhood and the degree of its autonomy; while highlighting the jurisprudential discussions regarding the establishment of administrative liability for damages it may cause to individuals. A descriptive methodology was adopted to answer this question: To what extent has the use of Artificial Intelligence expanded within public administration, and how does this relate to its potential to possess legal personality, autonomy in decision-making, and the capacity to bear liability? The study confirmed the penetration of AI systems into the activity of public administration and asserts that these electronic entities impose a new legal reality necessitating regulation commensurate with their level of autonomy. The study proposes the application of the presumed fault doctrine in the current context to hold the public body liable for damages caused to third parties and to compensate the injured party through a system of mandatory insurance for smart systems.