Robots Law (II): Electronic Personality

The discussion surrounding the electronic personality of robots has gained prominence in recent years. However, concrete advancements in this field have been limited.

In Europe, there are serious questions regarding the possibility of granting “human rights” to robots, necessitating practical definitions and appropriate legal recognition.

What is Electronic Personality?

Electronic personality refers to robots’ ability to acquire rights and obligations similar to those of natural persons. This concept seeks to recognize robots as entities with a degree of autonomy and responsibility in their actions, granting them certain rights and responsibilities.

Questions on Electronic Personality

• Legal Personality Attribution to Robots
  One of the main questions is whether legal personality can be attributed to a robot. This entails determining if a robot can be considered a legal subject capable of acquiring duties and exercising rights within the legal system.

• What criteria would determine Electronic Personality?
  Defining criteria for granting electronic personality is not an easy task. Some potential criteria could include the robot’s ability to make autonomous decisions, its level of artificial intelligence, autonomy in action, learning and adaptation capabilities, and its level of interaction with humans.

• Legal Responsibility of Robots
  Electronic personality poses significant implications in terms of legal responsibility.

If a robot possesses personality, the question arises of who is responsible for its actions and decisions: the robot itself, its developer or manufacturer, the owner or user, or a combination of these parties.

It must be determined if the concept of responsibility changes with the attribution
of personality to the robot.

• What are the possible limits of Electronic Personality?
  It is necessary to analyze if there should be a limit on the robot’s capabilities to be considered a legal subject.

This could include determining that only robots with a certain level of artificial intelligence or autonomy can have electronic personality and considering the rights and obligations that would be attributed to a robot with electronic personality.

What about robot decision-making?

Given advancements in artificial intelligence technology, robots can autonomously make decisions in various fields. Decisions made by a robot can be legally valid as long as they meet certain requirements established by law.

However, until specific regulations exist, responsibility rests with the individuals or entities operating or generating the robot’s software/hardware.

Current Legislation and Possible Regulation (In Spain)

Currently, there is no specific legislation regulating the electronic personality of robots. This absence creates legal challenges and gaps in terms of robot responsibility and protection of their interests.

Firstly, to articulate regulation on electronic personality and allow more complex autonomous robots to participate as legal subjects in judicial proceedings, it is necessary to amend Article 6 of the CPL, recognizing their procedural capacity.

On the other hand, a legal framework must be established to allow for the representation and defense of robots in court, possibly through figures similar to guardians of minors or representatives of legal entities, ensuring they can effectively operate within the judicial system.

In terms of civil liability, a specific regime would need to be developed to determine how and who is responsible for damages caused by robots, similar to liability insurance for vehicles.

For instance, just as autonomous vehicles can be liable for accidents, autonomous robots could be liable for material or personal damages caused during their operation.

Similarly, mechanisms such as compensation funds or mandatory insurance should be implemented to ensure adequate protection of involved interests and clarify responsibility in case of incidents.

Overall, these modifications would not only adapt the CPL to rapid technological advances but also establish a robust legal framework to manage the rights and responsibilities of robots fairly and efficiently in our contemporary society.

Conclusion

To sum up, regulating and integrating the electronic personality of robots into the Civil Procedure Law is a challenge that requires profound legal reforms.

These reforms must address the legal capacity of robots, their representation in court, and the regulation of their civil liability.

Adapting the CPL to this new reality would be a significant legal advancement and a necessary response to rapid technological progress redefining responsibility and the concept of legal subjects in our society.

Autor

Susana Domínguez Romero 
Jurist - Legal Advisor

Contact information
 + 34 697 302 341 
 susana.dominguez@lariostreslegal.com

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