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#29 Human-in-the-Loop: The Difference Between a Great Decision and a Complete Disaster w/ Prof. Fink
Exploring the concept of human in the loop in AI systems, Melanie Fink discusses its practical implications, legal challenges, and the importance of meaningful human oversight to ensure accountability, dignity, and effective decision-making in public authority contexts.
Find Melanie's LinkedIn profile here, where you'll find all her work and publications: https://www.linkedin.com/in/melanie-fink-520a23101/.Throughout the episode, we commented on some legal developments that have crystallised and some empirical and scholarly work published on the topic.
Click on the link below to access it directly:
- 03:00, The AI Act's incorporation of human-in-the-loop as human oversight in Article 14: "1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which they are in use. 2. Human oversight shall aim to prevent or minimise the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular where such risks persist despite the application of other requirements set out in this Section (...)".
- 08:11, Madeleine Claire Elish's work on 'Moral Crumple Zones': https://estsjournal.org/index.php/ests/article/view/260.
- 08:19, Rebeca Crootof's, Margot E. Kaminski and W. Nicholson Price's research on 'Humans in the Loop' documenting the liability sponge-like property of civil servants: https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?params=/context/vlr/article/4845/&path_info=Humans_in_the_Loop__Crootof_Kaminski_Price.pdf.
- 09:37, The Spanish competition authority's use of AI systems: https://www.cnmc.es/sites/default/files/editor_contenidos/Notas%20de%20prensa/2021/20210301_NP_SICA_UIE_ENG.pdf.
- 15:18, Empirical evidence documenting the existence of cognitive constraints and automation bias when humans make decisions stemming from the use of AI models: https://arxiv.org/html/2509.08514v1.
- 21:38, The GDPR's right to an explanation in Articles 13, 14 and 22, as well as the AI Act's Article 86, which reads as: "1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken (...)".
To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.
She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.
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By albariberamartinezExploring the concept of human in the loop in AI systems, Melanie Fink discusses its practical implications, legal challenges, and the importance of meaningful human oversight to ensure accountability, dignity, and effective decision-making in public authority contexts.
Find Melanie's LinkedIn profile here, where you'll find all her work and publications: https://www.linkedin.com/in/melanie-fink-520a23101/.Throughout the episode, we commented on some legal developments that have crystallised and some empirical and scholarly work published on the topic.
Click on the link below to access it directly:
- 03:00, The AI Act's incorporation of human-in-the-loop as human oversight in Article 14: "1. High-risk AI systems shall be designed and developed in such a way, including with appropriate human-machine interface tools, that they can be effectively overseen by natural persons during the period in which they are in use. 2. Human oversight shall aim to prevent or minimise the risks to health, safety or fundamental rights that may emerge when a high-risk AI system is used in accordance with its intended purpose or under conditions of reasonably foreseeable misuse, in particular where such risks persist despite the application of other requirements set out in this Section (...)".
- 08:11, Madeleine Claire Elish's work on 'Moral Crumple Zones': https://estsjournal.org/index.php/ests/article/view/260.
- 08:19, Rebeca Crootof's, Margot E. Kaminski and W. Nicholson Price's research on 'Humans in the Loop' documenting the liability sponge-like property of civil servants: https://scholarship.law.vanderbilt.edu/cgi/viewcontent.cgi?params=/context/vlr/article/4845/&path_info=Humans_in_the_Loop__Crootof_Kaminski_Price.pdf.
- 09:37, The Spanish competition authority's use of AI systems: https://www.cnmc.es/sites/default/files/editor_contenidos/Notas%20de%20prensa/2021/20210301_NP_SICA_UIE_ENG.pdf.
- 15:18, Empirical evidence documenting the existence of cognitive constraints and automation bias when humans make decisions stemming from the use of AI models: https://arxiv.org/html/2509.08514v1.
- 21:38, The GDPR's right to an explanation in Articles 13, 14 and 22, as well as the AI Act's Article 86, which reads as: "1. Any affected person subject to a decision which is taken by the deployer on the basis of the output from a high-risk AI system listed in Annex III, with the exception of systems listed under point 2 thereof, and which produces legal effects or similarly significantly affects that person in a way that they consider to have an adverse impact on their health, safety or fundamental rights shall have the right to obtain from the deployer clear and meaningful explanations of the role of the AI system in the decision-making procedure and the main elements of the decision taken (...)".
To learn more about Dr. Alba Ribera Martínez and her research, we invite you to visit her website: https://www.albariberamartinez.com.
She also writes, from time to time, in her newsletter, the DMA Agora, about the latest developments surrounding the European regulation: https://www.linkedin.com/build-relation/newsletter-follow?entityUrn=7344021393451184128.