AI Literacy as a Key Skill in the Legal Domain: A Necessity for the Future

Nov 5, 2024 Benn-Ibler Rechtsanwälte

With the increasing integration of artificial intelligence (AI) into the legal world and public administration, AI literacy is becoming an essential skill. AI literacy means not only mastering the use of tools, but also a sound understanding of algorithms, their strengths and weaknesses, potential biases and ethical implications.

Art 4 (AI Literacy) of the AI Act provides:

Providers and deployers of AI systems shall take measures to ensure, to their best extent, a sufficient level of AI literacy of their staff and other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context the AI systems are to be used in, and considering the persons or groups of persons on whom the AI systems are to be used.

Art. 3 (Definitions). lit. 56 provides:

‘AI literacy’ means skills, knowledge and understanding that allow providers, deployers and affected persons, taking into account their respective rights and obligations in the context of this Regulation, to make an informed deployment of AI systems, as well as to gain awareness about the opportunities and risks of AI and possible harm it can cause;

What exactly AI literacy is, however, remains vague, as the definition of the term remains abstract. The term has been established in the literature for some time and is certainly filled with content. The following is therefore a more in-depth discussion of the term and what it encompasses.

Definition of AI Literacy

AI literacy encompasses the knowledge and skills to understand AI systems, critically evaluate their results and recognise ethical challenges. In the legal field, it is about professionals being able to scrutinise AI-based decisions, recognise biases and ensure that outcomes comply with legal and ethical standards.

Multi-level Model of AI Literacy

• Basic level: Providing basic knowledge about AI, including fundamental concepts and applications. The aim is to create a general awareness of AI.
• Intermediate level: In-depth knowledge of legal AI tools, their integration into workflows and the legal framework, such as the EU AI Regulation (Art. 4 of the EU AI Act), which contains clear regulations on high-risk AI systems such as those in the judiciary and public administration.
• Advanced level: Professionals at this level should be able to understand complex AI systems, evaluate technical decisions, lead AI projects and ensure ethical standards.

Responsibility and qualification as a high-risk application

According to the EU AI Regulation, high-risk AI systems must fulfil strict requirements. This applies in particular to applications in the judiciary and public administration that will often be categorised as high-risk AI, as they have a decisive influence on the rights and freedoms of individuals. The respective institutions and supervisory authorities are responsible for the training and further education of users and must ensure that users are sufficiently qualified to critically scrutinise and monitor the systems.

Outlook for AI Literacy

The future of the legal sector will be characterised by advancing digital workflows and the increasing complexity of AI systems. The ability to explain and transparently present AI results plays a central role in this. Compliance with the standards set out in Art. 4 of the EU AI Regulation and the responsibility of providers and operators for training are essential to ensure trust and transparency.

It would make sense to emphasise the need for training in AI skills and integrate it into curricula as early as the training stage (school, apprenticeship, university, etc.).

Conclusion on AI Literacy

The promotion of AI literacy is of central importance in order to lead the legal world responsibly into an AI-driven future. Legal professionals must not only be technically proficient, but also be able to recognise and navigate the ethical implications of AI. This becomes particularly important as many applications in the public sector and justice system are categorised as high risk. By incorporating AI expertise into education and training, we can create a legal landscape that upholds responsibility and integrity in an increasingly digitalised world.