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Искусственный интеллект, финансовые услуги, потребитель: правовые средства противодействия манипулированию
Applying the artificial intelligence in the sphere of the financial services leads both to the benefits (making the services more available to the consumers) as well as shortcomings, such as a possibility to manipulate with the behavior of the consumer(s). Moreover such possibilities are increasing due to the ability of the artificial intelligence to make instant analysis of the behavior of the counter-party and use the results to "hudge" the consumer decision-making to the benefits of the financial organisation and not always to the benefits of the consumer.
The article is assessing the current legal regulation of these issues and proposes the tools (acceptable for the Russian law) to obstruct the possibility for manipulation of the consumer's choice (behavior) when applying the artificial intelligence in the course of offering of the financial products.
As far as these issues are taking place in the different countries the comparative legal method is the main one in the research, as far as it allows to analyse the existing achievements as well as the level of their efficiency; besides the results of the economical and sociological studies are also used in the article.
The author puts forward the proposals for development of the normative regulation (including the informed versus valid consent of the consumer), for possibilities to engage the benefits of the ethical self-regulation, as well as ex-post tools related to the extension of the authority of the Financial Attorney to consider the non-proprietary disputes between the consumers and financial companies