HUMAN MACHINE INTERFACE NEI VEICOLI A GUIDA AUTONOMA: INFORMAZIONE GIURIDICA E LEGAL DESIGN

The research path is characterized by the interdisciplinary nature of the objectives of the Ph.d. program “Humanities and technologies: an integrated research path” and the project that has been funded by the National Operational Program Research and Innovation 2014-2020 (CCI 2014IT16M2OP005), European Social Fund, Action I.1 "Innovative P.h.D with Industrial characterization". Therefore, the research question includes what are the best ways to provide the legal information within autonomous vehicles and to ensure their correct understanding. In particular, the idea comes from the personal experience of a corporate research period (at Centro Ricerche Fiat - Sez. EMEA - HMI Features & User Interface - Turin) and a foreign research period (Humatects Research Center - Oldenburg), during which the automotive design method was tested. It has been discovered a real fracture between the business and the academic legal field; as a matter of fact, there is not an organic and substantial relationship between the jurist and the businessman. This lack of dialogue between the different sectors of the design involves an aggravation of costs and times, because a problem solvable “ex ante” could be recognized only in the final moment of the design cycle. For this reason, it is necessary considered to adopt a method of combination of knowledge, which involves the study of legal, cognitive, and also ergonomic and computer science topics; it has been explored the theme of design declined on the human- machine relationship with a specific regard to the automotive field. In particular, as it is explained in the first chapter, different research methodologies have been adopted; first of all, a “traditional” study methodology of positive law has been used; moreover, the benchmark technique has been adopted to investigate some aspects related to the existence of communication limits. Subsequently, mixed methods empirical research has been carried out, in order to deepen the theme of the personal data processing within a vehicle. Finally, it has been applied the methodology of law by design (legal design), developing from “ex novo” a human machine interface (HMI). The second chapter deals with the relationship between language and law. In particular, an analysis of the legal language is carried out considering the latest developments in the field of legal design. This methodology is based on the principles of transparency, clarity and awareness of information. It acquires a relevant role also in the design of software and Human Machine Interfaces. In the third and fourth chapters, it was analyzed the applicable legislation which explains the case of a device that is not clearly providing the information necessary for its use. In particular, the legal category of “error” has been examined, proposing a review in the light of technological evolution; this has been done after the analysis of some case studies, in particular on: adaptive cruise control, child presence detection, deactivation of the airbag on the passenger seat in the case of placement of a child seat, driver alcohol detection system. In the fifth chapter, an HMI has been proposed: a privacy disclaimer that appears on the display of autonomous vehicle, using the methodologies previously explained. More specifically: - in the first phase, qualitative test were administered in order to identify user needs; - in the second phase the responses were analyzed; - the third phase consisted of a careful evaluation and exchange of ideas; - in the fourth phase a prototype has been elaborated; - in the fifth phase they have been administered another quantitative test on the evaluation of the prototype. The prototype has helped the subjects interviewed to understand better the existence of their rights. The experiment aroused the desire in the interviewees to learn more about the most relevant aspects of data processing. Finally, the sixth chapter deals the relationship between awareness user consent, legal design, and automation, also focusing on some ethical issues arising from the development of artificial intelligence.