Data Subject Rights in Relation to Profiling

2021 ◽  
pp. 189-214
Author(s):  
Helena U. Vrabec
Keyword(s):  
Decision Making ◽  
Building Block ◽  
Choice Architecture ◽  
Legal Analysis ◽  
Right To Information ◽  
The Right ◽  
Automated Decision Making ◽  
Data Subject

Chapter 8 focuses on the provisions of Articles 21 and 22 of the GDPR in relation to profiling. The chapter first provides the reader with the essential context on profiling as a building block of the data economy. It then discusses how the GDPR tackles the risks of profiling, providing a legal analysis of the right to object and the right not to be subject to automated decision-making. These two rights, together with the right to information and access to the extent that they refer to automated decision-making, form a cluster of rights that can be referred to as a ‘choice architecture for data subjects’ and can be particularly useful to control profiling.

The Right of Access under EU Data Protection Law

2021 ◽  
pp. 104-128
Author(s):  
Helena U. Vrabec
Keyword(s):  
Decision Making ◽  
Data Protection ◽  
Shared Data ◽  
The Core ◽  
Data Protection Law ◽  
The Right ◽  
Automated Decision Making ◽  
Right Of Access ◽  
Data Subject ◽  
Core Part

Chapter 5 focuses on Article 15 of the GDPR and explains the scope of the information that can be accessed under the right. The chapter then discusses the importance of the interface to submit data subject access requests. The core part of Chapter 5 is the analysis of the regulatory boundaries of the right of access and various avenues to limit the right, for instance, a conflict with the rights of another individual. Finally, the chapter illustrates how the right of access is applied in the data-driven economy by applying it to three different contexts: shared data, anonymised/pseudonymised data, and automated decision-making.

The Right to Information

2021 ◽  
pp. 64-103
Author(s):  
Helena U. Vrabec
Keyword(s):  
Decision Making ◽  
Data Processing ◽  
Relevant Information ◽  
Legal Basis ◽  
Control Rights ◽  
Data Flows ◽  
Right To Information ◽  
Types Of Information ◽  
The Right ◽  
Automated Decision Making

Chapter 4 addresses the right to information, the cornerstone of the system of control rights under the GDPR and the ePrivacy Directive. The types of information that are likely to provide data subjects the most relevant information about data processing in the context of the data-driven economy are analysed more thoroughly, e.g., the information about the legal basis for data processing, the information about the sources of data, and the details on automated decision-making. The chapter investigates the right to explanation and icons which seem to offer a new, promising option to exercise more control over modern data flows. In the ePrivacy area, the right to information plays an increasingly important role in regulating the use of cookies and similar tracking technologies. The chapter acknowledges that, despite some novel steps in the GDPR, entitlements that the law affords are undermined due to three groups of factors: psychological, technological, and economic.

scholarly journals Legal and Technical Feasibility of the GDPR’s Quest for Explanation of Algorithmic Decisions: of Black Boxes, White Boxes and Fata Morganas

2020 ◽  
Vol 11 (1) ◽  
pp. 18-50 ◽  
Author(s):  
Maja BRKAN ◽  
Grégory BONNET
Keyword(s):  
Decision Making ◽  
Interdisciplinary Approach ◽  
Practical Implementation ◽  
General Data Protection Regulation ◽  
Legal Limits ◽  
Black Boxes ◽  
General Data ◽  
The Subject ◽  
The Right ◽  
Automated Decision Making

Understanding of the causes and correlations for algorithmic decisions is currently one of the major challenges of computer science, addressed under an umbrella term “explainable AI (XAI)”. Being able to explain an AI-based system may help to make algorithmic decisions more satisfying and acceptable, to better control and update AI-based systems in case of failure, to build more accurate models, and to discover new knowledge directly or indirectly. On the legal side, the question whether the General Data Protection Regulation (GDPR) provides data subjects with the right to explanation in case of automated decision-making has equally been the subject of a heated doctrinal debate. While arguing that the right to explanation in the GDPR should be a result of interpretative analysis of several GDPR provisions jointly, the authors move this debate forward by discussing the technical and legal feasibility of the explanation of algorithmic decisions. Legal limits, in particular the secrecy of algorithms, as well as technical obstacles could potentially obstruct the practical implementation of this right. By adopting an interdisciplinary approach, the authors explore not only whether it is possible to translate the EU legal requirements for an explanation into the actual machine learning decision-making, but also whether those limitations can shape the way the legal right is used in practice.

scholarly journals Algorytm jako informacja publiczna w prawie europejskim

2021 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

Can public access to documents support the transparency of automated decision-making? The European Union law perspective

2020 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making ◽  
The Impact

ABSTRACT Due to the concerns which are raised regarding the impact of automated decision-making (ADM) on transparency and their potential discriminatory character, it is worth examining the possibility of applying legal measures which could serve to increase transparency of ADM systems. The article explores the possibility to consider algorithms used in ADM systems as documents subjected to the right to access documents in European Union (EU) law. It is focused on contrasting and comparing the approach based on the right to access public documents developed by the Court of Justice of European Union (CJEU) with the approach to the right to access public information as interpreted by the European Court of Human Rights (ECtHR). The analysis shows discrepancies in the perspectives presented by these Courts which result in a limited scope of the right to access public documents in EU law. Pointing out these differences may provide a motivation to clarify the meaning of the right to access information in EU law, the CJEU’s approach remaining as for now incoherent. The article presents the arguments for and ways of bringing together the approaches of the CJEU and the ECtHR in the light of a decreasing level of transparency resulting from the use of ADM in the public sector. It shows that in order to ensure compliance with EU law, it is necessary to rethink the role which the right to access information plays in the human rights catalogue.

Problems Relating to the Right to Information in Turkey

2019 ◽  
pp. 134-168
Author(s):  
Omur Aydin
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Participatory Democracy ◽  
The State ◽  
State Of Emergency ◽  
Attitudes And Behaviors ◽  
And Behaviors ◽  
Right To Information ◽  
The Right ◽  
Share Information

Traditionally, public administration has always preferred to work behind closed doors. However, the concept of participatory democracy, which developed especially after the 1950s, encouraged citizens to participate more in the decision-making mechanisms of the state. Turkey experiences many problems in exercising the right to information, which was enacted in 2003, arising from the administration's attitudes and behaviors and also from the legislation. Foremost among these are the fact that citizens have not been made sufficiently aware of this right and that the administration is reluctant to share information. An analysis of the data and statistics in Turkey shows a rising trend in the exercise of this right by citizens between 2004-2015. However, considering the size of Turkey's population, the rate can still be deemed low. Post-2015 figures show a radical decline in citizens' exercising of the right to information. This situation may be explained by the painful process that Turkey experienced from 2015 onwards and the state of emergency implementations that followed.

scholarly journals Conscientious objection: reflections for nursing in Portugal

2015 ◽  
Vol 36 (4) ◽  
pp. 112-116 ◽  
Author(s):  
Sandra Paço ◽  
Sérgio Deodato
Keyword(s):  
Decision Making ◽  
Professional Practice ◽  
Code Of Ethics ◽  
Human Life ◽  
Conscientious Objection ◽  
Ethical Reflection ◽  
Legal Analysis ◽  
Legal Basis ◽  
Freedom Of Conscience ◽  
The Right

Objective: to discuss conscientious objection in nursing, identifying the ethic and legal basis for this decision-making. Methodology: qualitative study in which the methodology used was ethical reflection based on a legal analysis of the laws in question, proceeding to a bibliographical and documentary research Conclusions: Portuguese law and ethical pillars that form the basis of the Code of Ethics of nurses in Portugal defend the freedom of conscience as a professional practice. However, the obligation to protect human life, which imposes the need for coordination between this protection and the exercise of the right to conscientious objection on the part of the nurse, is also clear.

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