Abstract
Fiduciary law aims to mitigate the inherent risk of ‘trust’, which helps restore interpersonal trust. It remains to be answered how trust should be governed in an AI-driven socio-technical system where technical and social factors are involved including interpersonal relationships and AI-human interactions. Taking interpersonal trust as the backdrop of analysis, this article seeks answers to this question focusing on healthcare. It firstly draws a conceptual framework regarding 'trust' and investigates its interplay with AI as well as examines how it is governed under the fiduciary law. Subsequently, it upholds a socio-technical system perspective, examining how to enable and sustain trust in an AI-driven socio-technical system. A governance model is then developed to elicit ‘intrinsic’, ‘dynamic’ and ‘ethical’ values of trust attributed to various elements under a tri-partite framework. It is recognised that findings of the literature as to trust, its trajectory and implications can be implemented within the proposed framework. Furthermore, it brings novelty by re-conceptualising the elements of 'trust' and associated values, marking distinction to its interpersonal roots and fiduciary relationships. It is considered this governance model, by upholding a holistic viewpoint, provides a generalisable framework that can construct, maintain and restore trust in AI-driven socio-technical systems.
| Original language | English |
|---|---|
| Pages (from-to) | 198-226 |
| Number of pages | 30 |
| Journal | International Review of Law, Computers & Technology |
| Volume | 37 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 29 Mar 2023 |
Keywords
- Trust
- Fiduciary law
- Artificial intelligence
- fiduciary law
- artificial intelligence
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