Whilst broadly examined in the anti-financial crime (AFC) context, the use of artificial intelligence (AI) to prevent environmental crimes still seems to be under-discussed. However, environmental agencies have started using AI in the fight against environmental crime, thus enhancing regulatory effectiveness. For businesses, this implies being subjected to a greater scrutiny by the authorities. Hence, the adoption of AI tools could help address the corporate need for developing compliance strategies to cope with environmental regulations and to avoid the imposition of punitive sanctions. This article discusses ‘the good and the bad’ of using AI to improve corporate criminal compliance in the environmental area. Starting from the consideration that, also in this field, the automation makes it more difficult to allocate corporate criminal liability, the contribution highlights how other legal concerns, such as those related to privacy and corporate ‘surveillance’ on employees, appear less relevant, suggesting that this could be a significant area for further research.

Artificial Intelligence and Environmental Criminal Compliance / Sabia, Rossella. - In: REVUE INTERNATIONALE DE DROIT PENAL. - ISSN 0223-5404. - 1:(2020), pp. 179-201.

Artificial Intelligence and Environmental Criminal Compliance

Sabia, Rossella
2020

Abstract

Whilst broadly examined in the anti-financial crime (AFC) context, the use of artificial intelligence (AI) to prevent environmental crimes still seems to be under-discussed. However, environmental agencies have started using AI in the fight against environmental crime, thus enhancing regulatory effectiveness. For businesses, this implies being subjected to a greater scrutiny by the authorities. Hence, the adoption of AI tools could help address the corporate need for developing compliance strategies to cope with environmental regulations and to avoid the imposition of punitive sanctions. This article discusses ‘the good and the bad’ of using AI to improve corporate criminal compliance in the environmental area. Starting from the consideration that, also in this field, the automation makes it more difficult to allocate corporate criminal liability, the contribution highlights how other legal concerns, such as those related to privacy and corporate ‘surveillance’ on employees, appear less relevant, suggesting that this could be a significant area for further research.
Artificial Intelligence and Environmental Criminal Compliance / Sabia, Rossella. - In: REVUE INTERNATIONALE DE DROIT PENAL. - ISSN 0223-5404. - 1:(2020), pp. 179-201.
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11385/202895
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