Human Rights And Artificial Intelligence: Third-Party Use Of AI Systems And Emerging Issues At The Intersection Of AI And Law

Human Rights and Artificial Intelligence: Third-Party Use of AI Systems and Emerging Issues at The Intersection of AI and Law¹

Introduction

In recent decades, the world has witnessed rapid technological development, particularly in the field of artificial intelligence ("AI"), to the extent that AI has become an essential component across all vital sectors. This development has introduced new legal challenges, especially regarding the protection of human rights, particularly when AI systems are used by third parties such as companies and private institutions.

This article aims to analyse Qatar's human rights legal framework in light of AI use and to highlight emerging issues resulting from the intersection of AI and the law.

Qatar's Human Rights Legal Framework and Technological Development

1. The Permanent Constitution of the State of Qatar

The Qatari Constitution of 2004 affirms the protection of rights and freedoms. Article 34 states:

"People are equal before the law. There shall be no discrimination on the grounds of sex, origin, language, or religion."

Article 37 also protects the privacy and personal life of individuals, while Article 40 guarantees freedom of opinion and expression.

2. International Conventions Ratified by Qatar

Qatar has ratified several international agreements, including:

• The International Covenant on Civil and Political Rights
• The Convention Against Torture
• The Convention on the Rights of the Child

Furthermore, Qatar is obligated to implement these agreements domestically to ensure the protection of individuals from any violations that may arise due to the use of AI systems.

3. Local Laws Related to Technology

• Personal Data Privacy Protection Law No. 13 of 2021: Regulates the collection and processing of personal data and imposes responsibilities on companies and digital service providers.
• Cybercrime Prevention Law No. 14 of 2014: Criminalises actions committed through information systems, including privacy violations or unauthorised data exploitation.

Use of AI Systems by Third Parties and Its Impact on Human Rights

1. Definition of Third Parties:

Third parties are entities that develop or use AI systems on behalf of governments, companies, or individuals, such as technology firms or AI service providers.

2. Legal Implications for Human Rights:

A. The Right to Privacy:

Individuals' privacy may be violated due to automated data processing by AI systems. Under the Qatari data protection law, explicit consent must be obtained before collecting and processing data.

B. The Principle of Non‑Discrimination:

Some AI systems may contain algorithms that lead to unjustified discrimination, violating Article 34 of the Qatari Constitution.

C. Freedom of Expression:

Relying on algorithms to monitor content may restrict freedom of expression in violation of Article 48 of the Constitution.

Emerging Issues at the Intersection of AI and the Law

1. Legal Liability for AI Decisions:

Determining liability for damages caused by AI decisions presents a legal challenge, as Qatari legislation has yet to establish specific rules. Thus, general rules of civil liability under the Qatari Civil Code No. 22 of 2004 apply.

Qatari jurisprudence (Court of Cassation) establishes that civil liability is based on:

• Fault
• Damage
• Causal relationship

Example: If a company using an AI system issues an incorrect decision that harms an individual, the company is civilly liable for the damage.

2. Protection of Intellectual Property Rights:

AI‑generated creations (such as images or texts) raise the question of whether they fall under Qatar's Copyright and Related Rights Law. Legal scholars note that legislation must evolve to define "authorship" to include AI‑generated works.

3. Transparency and Prevention of Algorithmic Bias:

Respecting human rights requires that AI decisions be understandable and reviewable. In accordance with constitutional principles of justice, AI systems must be free from bias and discrimination.

Challenges and Proposed Solutions

1. Challenges:

• Absence of a dedicated Qatari law regulating AI
• Difficulty proving fault and causation in cases involving autonomous systems
• Risks of discrimination and privacy violations

2. Solutions:

• Enacting a dedicated AI law in Qatar outlining standards for its use while respecting human rights
• Establishing a national authority to oversee AI systems
• Requiring AI developers to adhere to transparency and accountability principles
• Adopting an ethical charter for AI use in Qatar

Conclusion

As AI technologies evolve, there is an urgent need to align national legislation with these developments to ensure human rights are protected. Qatari lawmakers must act swiftly to regulate this field, either by amending existing laws or issuing new legislation tailored to AI's unique nature. Such laws must align with constitutional principles and international agreements Qatar has committed to.

The greatest challenge remains achieving a delicate balance between technological innovation and the protection of human dignity, a task requiring joint efforts from legislators, judges, and legal researchers.

References:

• Permanent Constitution of the State of Qatar (2004)
• Qatari Civil Code No. 22 of 2004
• Personal Data Privacy Protection Law No. 13 of 2021
• Cybercrime Prevention Law No. 14 of 2014
• International Covenant on Civil and Political Rights
• Relevant Court of Cassation rulings on civil liability

Footnote

1. Working paper presented at the workshop "Artificial Intelligence and the Rule of Law" on April 14, 2025.

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