Keywords: Artificial Intelligence; Ethics; Legal Design; Inferences; Fundamental Rights.
The aim of the paper is to explore the broader scope of the Ethics Guidelines for Trustworthy AI. In particular, the paper focuses on the reasons that led EU to develop an ethical approach to AI, seeking to investigate to which extent it is arguable that the ethical principles for a trustworthy AI should be based on the compliance with fundamental rights. It points out that the symbolic value of fundamental rights as embedded within this non-binding tool, shows the normative vision of EU, mitigating the possible conflict between institutional and private actors involved as well as different interests at stake. Finally, it argues that neither the ethical approach nor the legal design of AI can effectively address the issue of algorithmic inferences and their impact on individuals and society.