ARTIFICIAL INTELLIGENCE AND LEGAL RESPONSIBILITY

1. Legal Status and Definition of Artificial Intelligence

Artificial intelligence systems are those that mimic human intelligence, learn, analyze data, and often make autonomous decisions. The legal debate centers on whether artificial intelligence can be considered an independent actor and who should be held liable for any damages arising from the decisions these systems make.

• Under current legal systems, only natural persons and legal entities can be held liable.

• Whether artificial intelligence should be considered an "electronic person" is a subject of debate, particularly at the European Union (EU) level.

• However, most legal experts today argue that artificial intelligence lacks legal capacity , and therefore responsibility should remain with the producer, user, or service provider

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2. AI-Related Damages and Liability Models

Autonomous decisions by artificial intelligence systems can lead to legal consequences such as torts, product defects, or breach of contract . In such cases, liability is assessed based on three main models:

2.1. Manufacturer's Responsibility

Damages arising from coding errors, design flaws, or security vulnerabilities in the artificial intelligence algorithm may be attributed to the manufacturer.

• According to Article 49 of the Turkish Code of Obligations, anyone who causes harm to another through a "culpable" act is obligated to compensate for that harm.

• The European Union's Product Liability Directiveestablishes strict liability for the manufacturer.

• In autonomous vehicle accidents, the software company or car manufacturer is often the first link in the chain of responsibility.

2.2. User/Operator Responsibility

The user may incur liability if they misuse or use the artificial intelligence system incorrectly or carelessly.

• Example: If a patient is harmed as a result of a surgeon operating an AI-powered surgical robot with incorrect commands, both the surgeon and the hospital may face legal liability.

2.3. Service Provider and Platform Responsibility

Platforms that incorporate artificial intelligence systems may be held accountable, particularly in terms of personal data processing and cybersecurity.

• the Personal Data Protection Law (KVKK) , serious administrative fines may be imposed in the event of a data breach.

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3. Liability Regarding Artificial Intelligence in Turkish Law

There is no specific legal regulation regarding artificial intelligence in Turkish legislation. However, liability can be established based on existing provisions

• Turkish Code of Obligations, Article 66 (Liability of the Animal Keeper): A person who keeps a dangerous animal under their supervision is liable for any resulting damage. This provision can be adapted to artificial intelligence systems.

• Turkish Penal Code (TCK): When artificial intelligence is used as an instrument in a crime, the negligent human perpetrator or the related company bears criminal responsibility.

• Consumer Protection Law: Consumers have the right to compensation if artificial intelligence-powered devices are found to be defective.

• KVKK (6698): Artificial intelligence must comply with legal obligations in data processing processes.

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4. International Regulations and the EU 

The European Union published the "Artificial Intelligence Act" draft in 2021 to regulate artificial intelligence technologies . This draft law:

• It classifies artificial intelligence systems as "low risk," "limited risk," and "high risk.".

• It mandates licensing and oversight processes for high-risk artificial intelligence products.

• It imposes transparency, data security, and ethical compliance obligations on manufacturers and developers.

In the US, a more flexible approach has been preferred, encouraging risk analysis through standards such as the NIST AI Risk Management Framework

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5. Artificial Intelligence and Criminal Law

Artificial intelligence does not have direct criminal liability. However, in crimes committed using artificial intelligence:

• The concept of indirect perpetrator applies. The person who designs or manages artificial intelligence for the purpose of committing a crime will be punished.

• Cyberattacks, AI-assisted fraud, and data breaches constitute crimes under the Turkish Penal Code.

• While the Supreme Court's current jurisprudence does not contain any decisions directly related to artificial intelligence, in cases such as "automatic system failure," fault is generally attributed to the operator or manufacturer.

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6. Artificial Intelligence and Intellectual Property Rights

Ownership rights to works (software, design, music, etc.) produced by artificial intelligence are one of the most debated topics.

• The Law on Intellectual and Artistic Works (FSEK)attributes authorship to the individual.

• In AI-generated content, the software developer or user considered the rights holder.

• WIPO (World Intellectual Property Organization) is working to establish global standards in this field.

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7. Artificial Intelligence and Ethical Responsibility

Artificial intelligence carries not only legal but also ethical responsibility .

• It can make decisions that lead to discrimination due to algorithmic bias.

• The use of artificial intelligence in human resources, credit ratings, or judicial systems raises serious ethical debates.

• "algorithmic transparency" will be central to future AI regulation.

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8. Proposals for Future Legal Regulations

The rapid development of artificial intelligence technologies is rendering the current legal framework inadequate. Therefore:

• An Artificial Intelligence Accountability Law should be enacted.

• Damages caused by autonomous artificial intelligence products should be covered under a mandatory insurance system

• Internationally, common artificial intelligence standards should be developed in coordination with the United Nations (UN) and the OECD .

• Turkey should create a legal framework similar to the EU AI Act

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9. Artificial Intelligence and Human Rights Dimension

Artificial intelligence can directly impact individuals' privacy, personal data, and freedom of expression . Therefore:

• The ECHR (European Convention on Human Rights) and the case law of the European Court of Human Rightscan provide guidance in cases of human rights violations caused by artificial intelligence.

• In particular, facial recognition systems and automated surveillance technologieshave the potential to violate the right to privacy.

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Conclusion and Evaluation

Artificial intelligence, beyond being the technology of the future, that necessitates the restructuring of legal systems . Current legal regulations are insufficient in the face of artificial intelligence's autonomous decision-making capacity.

In the coming period, AI-specific liability modelsmust be restructured to encompass the producer, the user, and the platform. Furthermore, ethical principles, data security , and algorithmic transparency will continue to be critically important under both Turkish and international law.