This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.

Robots, standards and the law: Rivalries between private standards and public policymaking for robot governance / Fosch Villaronga, Eduard; Golia, Angelo Junior. - In: COMPUTER LAW & SECURITY REPORT. - ISSN 0267-3649. - STAMPA. - 35:2(2019), pp. 129-144. [10.1016/j.clsr.2018.12.009]

Robots, standards and the law: Rivalries between private standards and public policymaking for robot governance

Golia, Angelo Junior
Ultimo
2019-01-01

Abstract

This article explains the complex intertwinement between public and private regulators in the case of robot technology. Public policymaking ensures broad multi-stakeholder protected scope, but its abstractness often fails in intelligibility and applicability. Private standards, on the contrary, are more concrete and applicable, but most of the times they are voluntary and reflect industry interests. The ‘better regulation’ approach of the EU may increase the use of evidence to inform policy and lawmaking, and the involvement of different stakeholders. Current hard-lawmaking instruments do not appear to take advantage of the knowledge produced by standard-based regulations, virtually wasting their potential benefits. This fact affects the legal certainty with regards to a fast-paced changing environment like robotics. In this paper, we investigate the challenges of overlapping public/private regulatory initiatives that govern robot technologies in general, and in the concrete of healthcare robot technologies. We wonder until what extent robotics should be governed only by standards. We also reflect on how public policymaking could increase their technical understanding of robot technology to devise an applicable and comprehensive framework for this technology. In this respect, we propose different ways to integrate the technical know-how into policymaking (e.g., collecting the data/knowledge generated from the impact assessments in shared data repositories, and using it for evidence-based policies) and to strengthen the legitimacy of standards.
2019
2
Fosch Villaronga, Eduard; Golia, Angelo Junior
Robots, standards and the law: Rivalries between private standards and public policymaking for robot governance / Fosch Villaronga, Eduard; Golia, Angelo Junior. - In: COMPUTER LAW & SECURITY REPORT. - ISSN 0267-3649. - STAMPA. - 35:2(2019), pp. 129-144. [10.1016/j.clsr.2018.12.009]
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11572/369570
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