Put Dialectics into the Machine: Protection against Automatic-decision-making through a Deeper Understanding of Contestability by Design

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Claudio Sarra
Keyword(s):  
Decision Making ◽  
Automatic Processing ◽  
The Other ◽  
Human Intervention ◽  
The Right ◽  
Data Subject ◽  
Automatic Decisions

AbstractThis paper endorses the idea that the right to contest provided for by art. 22, § 3 GDPR, actually is the apex of a progressive set of tools the data subject has at his disposal to cope with automatic decisions and it should work as an architectural principle to create contestable systems. But in order to achieve that important role, it cannot be reduce to the right of human intervention, also provided for by art.22, § 3, nor to a generic opposition to the outcome of the automatic processing. Thus, drawing from a thorough analysis of the relationships among the rights included in art. 22, § 3 GDPR as well as from the juridical proper meaning of “contestatio”, it is concluded that the right to contest has its own proper nature as a hybrid substantial-processual right that is able to give concrete shape to all the other rights indicated in art. 22, § 3, included the much discussed right to explanation.

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.

scholarly journals The politics of embedding and the right to remain in post-Brexit Britain

Ethnicities ◽  
2020 ◽  
pp. 146879682091341 ◽  
Author(s):  
Tiina Sotkasiira ◽  
Anna Gawlewicz
Keyword(s):  
Decision Making ◽  
European Union ◽  
United Kingdom ◽  
Union Membership ◽  
The Other ◽  
The European Union ◽  
The United Kingdom ◽  
Sense Of Security ◽  
The One ◽  
The Right

The European Union membership referendum (i.e. the Brexit referendum) in the United Kingdom in 2016 triggered a process of introspection among non-British European Union citizens with respect to their right to remain in the United Kingdom, including their right to entry, permanent residence, and access to work and social welfare. Drawing on interview data collected from 42 European Union nationals, namely Finnish and Polish migrants living in Scotland, we explore how European Union migrants’ decision-making and strategies for extending their stay in the United Kingdom, or returning to their country of origin, are shaped by and, in turn, shape their belonging and ties to their current place of residence and across state borders. In particular, we draw on the concept of embedding, which is used in migration studies to explain migration trajectories and decision-making. Our key argument is that more attention needs to be paid to the socio-political context within which migrants negotiate their embedding. To this end, we employ the term ‘politics of embedding’ to highlight the ways in which the embedding of non-British European Union citizens has been politicized and hierarchically structured in the United Kingdom after the Brexit referendum. By illustrating how the context of Brexit has changed how people evaluate their social and other attachments, and how their embedding is differentiated into ‘ties that bind’ and ‘ties that count’, we contribute to the emerging work on migration and Brexit, and specifically to the debate on how the politicization of migration shapes the sense of security on the one hand, and belonging, on the other.

Psychological refractory period and the length of time required to make a decision

1967 ◽  
Vol 168 (1011) ◽  
pp. 181-193 ◽  
Keyword(s):  
Decision Making ◽  
Reaction Time ◽  
Psychological Refractory Period ◽  
Light Stimulus ◽  
The Other ◽  
Time Interval ◽  
Limited Capacity ◽  
The Third ◽  
Time Required ◽  
The Right

Three groups of men were tested in a situation involving reaction to two successive stimuli at a short known time interval. Each reaction required the choice of one of two reaction keys, depending upon the light stimulus delivered. For one group of subjects, the first reaction was made easy by making the left key correct for the left light; for the second group, the first reaction was made slower by making the left key correct for the right light. In the third group, one of the two possible stimuli for the first reaction occurred more often than the other, so that the first reaction was sometimes fast and sometimes slow. The second reaction was delayed if the interval between stimuli was shorter than the first reaction time; in conditions where the first reaction time was longer, the second reaction time was delayed by an even greater amount. This result supports the view that a common decision-making mechanism of limited capacity is occupied by the first reaction and so is unable to deal with the second one; two other theories of the effect seem inconsistent with the present data.

Testing Fate

2016 ◽  
Author(s):  
Shelley Z. Reuter
Keyword(s):  
Decision Making ◽  
Genetic Disease ◽  
Free Choice ◽  
The Other ◽  
Late Nineteenth Century ◽  
Medical Genetic ◽  
The Us ◽  
History Of ◽  
Late Nineteenth ◽  
The Right

Testing Fate looks at the racialized history of Tay-Sachs in the US and UK in its construction as a Jewish disease from the late-nineteenth century through to the present era of geneticization, where people are increasingly expected to make the “right” kinds of medical-genetic choices, including the choice to be screened for genetic disease. Taking Tay-Sachs as its exemplar and with a view to exploring what these developments have come to mean for human agency, the book demonstrates that authentic, free choice in genetic-decision-making on one hand, and responsible biocitizenship in a context of exclusion on the other, are a contradiction of terms.

Crisis Clever System (CCS) – tracking experience of crisis management for decision support

2019 ◽  
Vol 33 (02) ◽  
pp. 188-205
Author(s):  
Sophie Loriette ◽  
Nada Matta ◽  
Mohamed Sediri ◽  
Alain Hugerot
Keyword(s):  
Decision Making ◽  
Emergency Department ◽  
Decision Support ◽  
Crisis Management ◽  
Decision Process ◽  
Decision Makers ◽  
The Other ◽  
Management Decision ◽  
Emotional Impact ◽  
The Right

AbstractDuring a crisis situation, the ability of emergency department to take reliable and quick decisions is the main feature that defines the success or failure of this organization in the course of its crisis management. Decision makers spend time on identifying the decisions that will be taken for the whole of the crisis management, and on anticipating the preparation of these decisions, ensuring that they have time to properly prepare all decisions to be taken and, be able to implement them as fast as possible. However, the context and the characteristics of the crisis make the decision process complicated because there is no specific methodology to anticipate these decisions and properly manage collaboration with the other protagonists. There is also the pressure of time, a significant stress and, the emotional impact on the decision maker that lead to losing objectivity in decision making. We understand so that the right decision will be greatly facilitated and enhanced by the development of an adequate tool and process for decision-making. This tool must respect methods of the emergency department considered, and highlight the importance of experience feedback referencing to past cases, especially success and failures. We propose in this paper, software in order to handle experience feedback as a support for decision-making in crisis management “Crisis Clever System”. Several dimensions are considered in this study, from one side: organization, communication and problem-solving activities and from the other side the presentation and finding of experience feedback thanks to an analogy technique.

scholarly journals Socially responsible investments

2021 ◽  
pp. 91-106
Author(s):  
Marzena Remlein
Keyword(s):  
Decision Making ◽  
Investment Strategy ◽  
The Other ◽  
Financial Resources ◽  
Socially Responsible ◽  
Responsible Investing ◽  
Socially Responsible Investments ◽  
The World ◽  
Sustainable Investment ◽  
The Right

Socially responsible investing (SRI) is a decision making process concerning the allocation of free financial resources, where the investor aims at maximization of profit and minimization of risk on one part, and includes the socio-ethical and environmental-ecological considerations on the other. We can find four types of motives, describing them as mobilizing forces to undertake SRI. These are psychological and social, legal, economic and strategic, financial. Investors invest their funds in such investments by choosing the right investment strategy for them. We can find many different classifications relating to strategies and actions within the framework of SRI. The most important classifications of the SRI strategy were prepared by Global Sustainable Investment Review and Eurosif. These two organizations prepare also reports on SRI in the world and in Europe. The European market has the largest share in the global SRI market but the most dynamically developing market is Japan.

ALGORITHMIZED DECISION-MAKING AND THE RIGHT TO INTERPRET IT

2021 ◽  
pp. 49-61
Author(s):  
Elena Alferova ◽  
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
European Union ◽  
Developed Countries ◽  
The European Union ◽  
Legitimate Interests ◽  
The Right ◽  
Data Subject

The problems of legality and transparency of decisions made using artificial intelligence, the implementation of the right to interpret them and challenge them in courts are considered. The article analyzes the legislation of the European Union and a number of developed countries that allows for the adoption of algorithmic decisions and provides for appropriate measures to protect the rights, freedoms and legitimate interests of the data subject.

scholarly journals The Analyses of Household Income and Dependence on Forest Resources

JEJAK ◽  
2019 ◽  
Vol 12 (1) ◽  
pp. 127-137
Author(s):  
Sunarto Sunarto ◽  
Avi Budi Setiawan
Keyword(s):  
Decision Making ◽  
Household Income ◽  
Forest Resources ◽  
The Other ◽  
Decision Making Process ◽  
Paid Work ◽  
The Family ◽  
Asset Values ◽  
New Finding ◽  
The Right

The objectives of this study are; (1) to identify the probability of paid work options, (2) to analyze variables affecting the income of the farmers, and (3) to analyze and measure variables that affect the farmers dependence over forest resources. This result indicates that the physical capacity variables affecting the decision for working in the forest. The other influencing reasons in the decision making process to work in the forest is the age of the head of the family, working time which is spent in the forest, the width of the areas, and values of the assets. Generally, the dependence of the farmers over the forest is spatially  influenced by the income from non-forest work, the land-owned width, household’s head education, number of dependents, and access to the forest, and access to the forest. However, the variable of asset values do not essentially play important role. A new finding is the occurence of the income inequality. It is driven by the inequality of the width of the land as a result of sale and lease of the right to the land in the forest, the conflicts happens through the years, and the disobedience of the farmers over the working period.

Part V The Functions of International Organizations, Ch.28 Sanctions

2016 ◽  
Author(s):  
Farrall Jeremy
Keyword(s):  
Decision Making ◽  
Rule Of Law ◽  
International Organization ◽  
The Other ◽  
Foreseeable Future ◽  
The Rule Of Law ◽  
Peace And Security ◽  
Decision Making System ◽  
The One ◽  
The Right

This chapter examines the most prominent forms of international organization sanctions, namely United Nations (UN) and European Union (EU) sanctions. It first examines the constitutional basis, scope, and administration of UN and EU sanctions. It then compares and contrasts these two models, discussing how the interests of peace and security, on the one hand, and human rights and the rule of law, on the other, can sometimes come into conflict in the application of international organization sanctions. It shows that the UN sanctions decision-making system tends to prioritize peace and security, whereas the EU sanctions decision-making system tends to prioritize the rule of law. The chapter argues that neither tradition of international organization sanctions has found the right balance, and that the ongoing contest between peace and security and the rule of law will continue to shape and constrain international organization sanctions decision-making for the foreseeable future.

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