Practices manipulatives of artificial intelligence and consumer protection

Abstract

Artificial intelligence (AI), together with other technologies, is enabling the targeting of consumption through massive data analysis and the development of the ability to predict reactions through so-called ‘influence machines’. These tools pose new risks, as they may exploit psychological biases, information gaps or personal needs and manipulate decisions, raising ethical and legal questions. The research focuses in particular on ‘subliminal, manipulative or deceptive’ methods prohibited under the AI Regulation and so-called ‘dark pattern’ designs that employ similar practices. The study explores a holistic approach to the legal provisions covering manipulative and deceptive techniques in the AI Regulation and other EU rules, although only a case-by-case approach could conclude an accurate assessment of the impact on consumers' privacy and freedom of choice.