scholarly journals O Direito à Explicação nas Decisões Automatizadas: uma Abordagem Comparativa Entre o Ordenamento Brasileiro e Europeu

2021 ◽  
Vol 13 (13) ◽  
pp. 55-69
Author(s):  
Daniela Wendt Toniazzo ◽  
Tales Schmidke Barbosa ◽  
Regina Linden Ruaro
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Data Extraction ◽  
The European Union ◽  
Ethical Guidelines ◽  
Human Element ◽  
European System ◽  
Human Autonomy ◽  
The Right ◽  
Automated Decision Making

Automated decision-making can bring great benefits to humanity, and it is undeniable that machines pose a danger to human autonomy, as an individual, and can generate potentially discriminatory mechanisms due to the possibility of perverse manipulation of algorithms. Although the artificial intelligence technologies used in automated decision-making are presented as neutral, they are not, and some are even used for modulations of human behavior obtained with the profile data extraction, building a perfect world of personalized consumption. The present study aims to analyze the concept of automated decision-making and the extension of the scope of the right to explanation in the automated treatment of data in the Brazilian system in comparison with the European system. The right to explanation, one of the imperatives of ethical guidelines for reliable artificial intelligence in automated decision-making, is extremely relevant as a criterion opposed to discriminatory mechanisms and combating the opacity of this type of intelligence. The fact is that everything that can be achieved through a degree of automation deserves a recommendable human explanation. In fact, human supervision must guide all stages of the use of artificial intelligence mechanisms. The method used in the present investigation is the hypothetical-deductive, in the approach, and the comparative, in the procedure. The fact is that every automated decision must be explainable, both in terms of its underlying logic and the rationale for the decision. There is also unreasonable to exclude the human element in the review of the automated decision. The present study will observe, by comparative means, the authorizing requirements of the automated decision and its consequences. Also, in order to achieve the desired result, a comparison will be made of the concept of the right to explanation in the European and Brazilian legal systems. As a result of the present study, it was concluded that the European Union treats the automated decision as a prohibition, while in Brazil there is a right to review the automated decision, failing to guarantee that this review is human. Therefore, there is no legal support in Brazil for the right to explanation.

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.

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 Legal Aspects of Artificial Intelligence on Automated Decision-Making in Indonesia

Lentera Hukum ◽  
2020 ◽  
Vol 7 (3) ◽  
pp. 301
Author(s):  
Denindah Olivia
Keyword(s):  
Artificial Intelligence ◽  
United States ◽  
Decision Making ◽  
Data Protection ◽  
Personal Data ◽  
Legal Protection ◽  
The United States ◽  
The European Union ◽  
Personal Data Protection ◽  
Automated Decision Making

This paper analyzes the importance of Indonesia's comprehensive legal framework on automated decision-making empowered by Artificial Intelligence, comparing it to the European Union, the United States, and China. Specifically, this paper inquires about the status quo of the legal protection of automated decision-making In Indonesia. The analysis highlights profiling in an automated decision-making system with the following discussion about personal data protection. In this context, the European Union's member states set out the General Data Protection Regulation (GDPR) that prohibits automated decision-making to a certain extent. In the United States, the practice of automated decision-making is rather usual. Simultaneously, China takes an exceptional measure instead and develops this automation through a social credit system. The analysis concludes that Indonesia has weak legal protection towards personal data and profiling, which later becomes the basis in facilitating automated decision-making. The provision of automated decision-making and profiling is the absolute bare minimum to Indonesia's Personal Data Protection Bill due to insufficient legal certainty. In the end, it is paramount for lawmakers to consider a comprehensive regulation on automated decision-making by adopting the European Union's GDPR framework. KEYWORDS: Artificial Intelligence, Automated Decision-Making, Personal Data Protection.

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.

Decision Support Software

2009 ◽  
pp. 440-447
Author(s):  
John Wang ◽  
Huanyu Ouyang ◽  
Chandana Chakraborty
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Mathematical Logic ◽  
Decision Support ◽  
Support Systems ◽  
Scientific Methods ◽  
Simulation And Optimization ◽  
Business Software ◽  
The Right ◽  
Support Software

Throughout the years many have argued about different definitions for DSS; however they have all agreed that in order to succeed in the decision-making process, companies or individuals need to choose the right software that best fits their requirements and demands. The beginning of business software extends back to the early 1950s. Since the early 1970s, the decision support technologies became the most popular and they evolved most rapidly (Shim, Warkentin, Courtney, Power, Sharda, & Carlsson, 2002). With the existence of decision support systems came the creation of decision support software (DSS). Scientists and computer programmers applied analytical and scientific methods for the development of more sophisticated DSS. They used mathematical models and algorithms from such fields of study as artificial intelligence, mathematical simulation and optimization, and concepts of mathematical logic, and so forth.

Blockchain-Enabled Internet of Things for Unsupervised Structural Health Monitoring in Potential Building Structures

2021 ◽  
pp. 158-170
Author(s):  
Wael Mohammad Alenazy
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Structural Health Monitoring ◽  
Internet Of Things ◽  
Health Monitoring ◽  
Remote Monitoring ◽  
Building Structures ◽  
Stress Strain ◽  
Structural Health ◽  
Automated Decision Making

The integration of internet of things, artificial intelligence, and blockchain enabled the monitoring of structural health with unattended and automated means. Remote monitoring mandates intelligent automated decision-making capability, which is still absent in present solutions. The proposed solution in this chapter contemplates the architecture of smart sensors, customized for individual structures, to regulate the monitoring of structural health through stress, strain, and bolted joints looseness. Long range sensors are deployed for transmitting the messages a longer distance than existing techniques. From the simulated results, different sensors record the monitoring information and transmit to the blockchain platform in terms of pressure points, temperature, pre-tension force, and the architecture deems the criticality of transactions. Blockchain platform will also be responsible for storage and accessibility of information from a decentralized medium, automation, and security.

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