16. Ethico-Juridical Dimension of Artificial Intelligence Application in the Combat to Covid-19 Pandemics

With the dramatic development of information technology, the Covid-19 pandemic period has created the opportunity to access a new phase in terms of the age that is becoming more and more digitized every day. Covid-19 pandemic has emerged as a driving force in changing certain things in the global world order. In order to minimize the effects of the current crisis, countries have entered into a digital transformation process in many different areas, from the education sector to the health sector, judicial practices to monitoring social distance rules. Artificial intelligence (AI), which already existed in our lives, started to be used in certain application areas, especially in this period. Pandemic period once again demonstrated that artificial intelligence and digital technologies have become a big part of our lives. The global world has witnessed a digital transformation with the applications developed within the scope of the Covid-19 fight. However, while using AI-based apps provides many benefits to manage the pandemic process, it also brings with several ethical and legal concerns regarding human rights and fundamental freedoms. Ethics provides several frameworks in the name of the promotion of human values and dignity. Among human rights and ethics, there is a clear and strong connection. The rights and freedom demands that arise based on human rights are ethically based. The legitimacy of human rights-based demands is originally based on ethics. For that reason, using artificial intelligence is directly linked to “human safety, health and safety, liberty, confidentiality, integrity, dignity, autonomy, and non-discrimination,” and these also include ethical concerns. Therefore, artificial intelligence practices related to human rights and freedoms that cause some human rights violations during the pandemic period also reveal an ethical violation. Another risk factor is the use of “surveillance technology” in the “new normal” lifestyle, which was effectively used by national governments during the pandemic period. In this extraordinary period, there is concern that artificial intelligence-based practices developed to protect public health will be permanently used as usual in the post-pandemic period. AI has tremendous potency to advance the lives of many people and procure human rights for all. It is necessary to evaluate these potentials and minimize the risks associated with artificial intelligence. Likewise, artificial intelligence also poses deep risks to security, democracy, and human dignity.