Automation Bias in the AI Act: On the Legal Implications of Attempting to De-Bias Human Oversight of AI

This paper examines the legal implications of the explicit mentioning of automation bias (AB) in the Artificial Intelligence Act (AIA). The AIA mandates human oversight for high-risk AI systems and requires providers to enable awareness of AB, i.e., the tendency to over-rely on AI outputs. The paper analyses how this extra-juridical concept is embedded in the AIA, the division of responsibility between AI providers and deployers, and the challenges of legally enforcing this novel awareness requirement. The analysis shows that the AIA's focus on providers does not adequately address design and context as causes of AB, and questions whether the AIA should directly regulate the risk of AB rather than just mandating awareness. As the AIA's approach requires a balance between legal mandates and behavioural science, the paper proposes that harmonised standards should reference the state of research on AB and human-AI interaction. Ultimately, further empirical research will be essential for effective safeguards.