Frederico Gonçalves Pereira and Magda Cocco contributed to the article “AI paves the way for a new wave of collective actions”, published in the October issue of Advocatus magazine. The lawyers analyse the risks associated with the widespread use of artificial intelligence (AI) systems and the challenges they pose for corporate liability, access to evidence and compensation for harm.

Frederico Gonçalves Pereira highlights the difficulties in accessing the information needed to establish harm caused by these systems: “The information asymmetry between injured parties and the providers or users of these systems is very significant. The victim sees the outcome but does not necessarily know the data used, the criteria considered, the tests conducted, the logs, the oversight mechanisms or the instructions given to the system”.

He also emphasises the multidisciplinary nature of these disputes and the importance of expert evidence, which may involve specialists from different fields, depending on the type of harm concerned.

Magda Cocco identifies potential scenarios for collective litigation, including the discriminatory use of AI in the financial, insurance and human resources sectors, as well as risks relating to the protection of children online.

“Another possible case would be the misuse of copyright-protected works or the unlawful processing of personal data to train AI models, potentially in breach of the GDPR, particularly where the data of thousands of people in Portugal are involved without a valid lawful basis”, she explains.

Regarding automated decision-making, Magda Cocco also highlights the importance of providing clear and understandable information about the data and criteria used, enabling those affected to understand and challenge these decisions.

Read the article in the October issue of Advocatus magazine.