Justice

Ai Copilot makes its debut among the togas, but controversy ensues

From 1 January, the artificial intelligence system will be available to magistrates. Controversy over lack of training and risks to confidentiality

2' min read

Translated by AI
Versione italiana

2' min read

Translated by AI
Versione italiana

Artificial intelligence also makes its debut for magistrates. But it does so amid perplexity and some controversy. As of 1 January, in fact, allItalian magistrates have Copilot, Microsoft's generative artificial intelligence system, at their disposal. An availability, it is also noted in the chats of the most dedicated to the topics of judicial organisation, in some ways unexpected, both for the totality of magistrates involved and because it was not preceded by an adequate training.

Lack of training and guarantees

So much so that Area, the progressive grouping of the judiciary, immediately underlined its concern 'about the way in which the Ministry of Justice has introduced the use of Copilot within judicial offices, on a large scale, without any specific training of legal practitioners and also without any planning that looks at all the actors involved, both magistrates and lawyers'.

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"We are not discussing," observes a note from Area, "the potential of artificial intelligence as a tool to support judicial work, but the method: an innovation of this magnitude has been made operational without a clear framework ofguarantees, rules and perspectives, in a sector, that of jurisdiction, which involves sensitive data, fundamental rights and constitutional prerogatives". Once again, the note recalls, 'the ministry has renounced shared governance: no analysis commission has been set up with the Superior Council of the Judiciary, which could have guaranteed a serious discussion on the risks and theadvantages of the Ia and on the preparation of a common working path; it is necessary for all legal practitioners to be aware of the advantages and risks: only in this way can innovation be governed, and not suffered'.

Privacy and Security Risks

But among target="_self" href="https://www.ilsole24ore.com/art/i-magistrati-possono-pubblicare-loro-opinioni-social-media-AIffiUQ"> magistrates there is also uncertainty about the protection of confidentiality and the degree of transparency of the algorithms used, also because having made the choice, in many ways compulsory, to renounce publicly owned or controlled artificial intelligence systems or in-house development, has made the whole application of Ai fall to the traditional player of reference for judicial informatics, Microsoft.

Support function

In recent months, the Ministry of Justice had made available one thousand Copilot licences for as many experimental magistrates. The law on the use of artificial intelligence in the justice sector circumscribes it to an exclusivesupport function for the mainly administrative activities of the judicial office. No direct influence instead on jurisdiction.

The SCC guidelines then delineate a grey area between strictly judicial activities and organisational or ancillary activities, with respect to which the use of artificial intelligence can be considered compatible with the current system. For example, doctrinal research (assistance in consulting databases and constructing search strings aimed at identifying relevant doctrine); summaries of measures and doctrinal contributions (creation of abstracts for the classification and thematic archiving of decisions and essays, also with a view to the elaboration of internal jurisprudential databases within the office); organisation of judicial work (support in the drafting of statistical reports on the performance of the office; analysis of conformity between management programmes and register data).

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