وليد طعمه مفتن التقنيات الذكية لدعم القرار والمسؤولية التقصيرية عن الاشياء

Abstract

With scientific and technological advancements, decision support technologies have emerged, characterized by intelligence and autonomy. These systems are capable of making decisions independently, without human intervention, due to the integration of sophisticated software and sensory hardware enabling perception and processing. Their operation often requires access to user-specific data, which is typically of a confidential nature, thereby raising concerns regarding data privacy.

In the course of fulfilling their intended functions, such technologies may cause harm to users or third parties  whether material, such as personal injury or damage to property, or moral, such as the violation of privacy through unauthorized access to sensitive data. This gives rise to the question of liability: who is responsible for such harm? Particularly since various actors are involved in the lifecycle of these systems, including developers, internet service providers, and end users.

The unique nature of these technologies renders the application of traditional tort liability rules problematic, highlighting the need for a modern legal framework capable of providing effective protection for users. In the absence of specific legislative provisions, legal scholarship has been divided: some jurists advocate for adapting traditional principles to encompass these emerging issues, while others call for the creation of new legal doctrines that align with the distinctive nature of these technologies.

Keywords: Tort Liability/ Damages/ Technologies /Decision Support.