Ethical and Psychological Privacy Implications in the Use of Artificial Intelligence as a Support Tool in Judicial Decision-Making

Abstract

This qualitative study, with an exploratory- descriptive approach, determines the growing incorporation of AI systems to make judicial decisions and the implications that such implementation entails in two dimensions: ethics and psychological privacy of the subjects, in the algorithmized decision of the implementation of algorithms directly related to decisions of one type or another is a fact that raises difficulties to safeguard grounds such as informational self-determination and protection of personal data subject to the cognitive and affective processes of people in judicial processes or other issues. Psychological privacy is analyzed from the point of view of neuro-rights, defined as the safeguarding of thought, affectivity or any mental process in the face of the predictive-classifying capacity of AI. The results show that tools such as Prisma, PretorIA and facial recognition systems, recently incorporated into the Colombian judicial system, present specific weaknesses in terms of algorithmic biases, opacity in the way psychological information is processed, absence of regulatory frameworks and the like. The comparative analysis with international works shows the existence of the same patterns that affect mental privacy, especially linked to a profiling of the behavior or intentions of the subjects without knowing it or transparency and information.