The impact of implantable cyber-physical systems on the civil legal personality of an individual

Abstract

The article is devoted to the study of possible changes in the legal personality of an individual with implanted cyber-physical system. When CPS is implanted, all elements of legal personality can be affected. The main impact of the CPS (especially those using strong artificial intelligence technologies) is on the legal capacity of an individual because the CPS can influence the will of an individual. The identification of the CPS as a persona of civil law seems to be premature. The consequences of CPS implantation should depend on the type of CPS, because in the case of non-autonomous CPS, the impact on legal personality is negligible. In the case of a CPS with a fully autonomous artificial intelligence, there is a risk of a conflict of interest between the AI and the person who has the CPS implanted. This situation requires legislative regulation, including the definition of the subject of responsibility and mechanisms for protecting third parties. One of such mechanisms seems to be the mandatory disclosure of information about implanted CPSs. The article also considers the possibility of recognizing an individual with CPS as a complex entity.