scholarly journals Strengthening legal protection against discrimination by algorithms and artificial intelligence

2020 ◽  
Author(s):  
Frederik Zuiderveen Borgesius
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Human Rights ◽  
Data Protection ◽  
Legal Protection ◽  
Indirect Discrimination ◽  
General Rules ◽  
Data Protection Law ◽  
The Right

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten human rights, such as the right to non-discrimination. The paper evaluates current legal protection in Europe against discriminatory algorithmic decisions. The paper shows that non-discrimination law, in particular through the concept of indirect discrimination, prohibits many types of algorithmic discrimination. Data protection law could also help to defend people against discrimination. Proper enforcement of non-discrimination law and data protection law could help to protect people. However, the paper shows that both legal instruments have severe weaknesses when applied to artificial intelligence. The paper suggests how enforcement of current rules can be improved. The paper also explores whether additional rules are needed. The paper argues for sector-specific – rather than general – rules, and outlines an approach to regulate algorithmic decision-making.

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 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.

Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (Eur. Ct. H.R.)

2018 ◽  
Vol 57 (3) ◽  
pp. 437-489 ◽  
Author(s):  
Jonathan McCully
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Freedom Of Expression ◽  
European Convention ◽  
European Court ◽  
Media Outlet ◽  
Data Protection Law ◽  
Grand Chamber ◽  
The Right ◽  
First Time

On June 27, 2017, the Grand Chamber of the European Court of Human Rights (GC) delivered its judgment in Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland. It was the first time that the GC considered whether the application of data protection law to the publishing activities of a media outlet had violated the right to freedom of expression under the European Convention on Human Rights (Convention). In its judgment, the GC found that a prohibition on two companies publishing the taxation data of 1.2 million identifiable individuals had not violated the right to freedom of expression.

scholarly journals The right to respect private life in the context of the development of artificial intelligence

2021 ◽  
pp. 10-19
Author(s):  
Greta Angjeli ◽  
Besmir Premalaj
Keyword(s):  
Artificial Intelligence ◽  
Human Rights ◽  
Data Protection ◽  
Privacy Protection ◽  
Personal Data ◽  
Private Life ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right

One of the fundamental human rights protected by various international conventions is the right to the protection of privacy, or as defined in the European Convention on Human Rights, the right to respect private and family life. Affiliated to this right is also the right to data protection, which is described by various authors as a modern derivation of the right to privacy protection. The protection of personal data in the context of privacy protection was jeopardized by the rapid and widespread of information technology, automated data processing and the risk of access to this data by unauthorized persons on the network. The legal regulation for the non-violation of the right to respect private life by the processing of personal data with automated systems was one of the challenges of many states which had to allow the use of artificial intelligence for the benefit of further economic and social development, at the same time they had to ensure the protection of the personal data of their citizens. In this context, the EU has issued another regulation on personal data protection (General Data Protection Regulation (EU) 2016/679). The purpose of this paper is to highlight the impact of artificial intelligence on the right to respect private life and the legal protection of personal data from misuse through artificial intelligence.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

The Electronic Surveillance of Public Assemblies

2011 ◽  
pp. 59-68 ◽  
Author(s):  
Haralambos Anthopoulos
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Electronic Surveillance ◽  
Combined Analysis ◽  
The Public ◽  
European Court ◽  
Political Views ◽  
Protection Legislation ◽  
The Right ◽  
Shed Light

The electronic surveillance of public assemblies has been an issue highly debated in the Greek public arena. The circumstances that brought this internationally contested topic in the public focus were the parliamentary introduction of Law 3625/2007 in Greece and the legislative enactment of an exemption from the data protection legislation for all police activities involving data processing during public assemblies. This paper will argue that the electronic surveillance of public assemblies affects both the privacy of political views (political privacy) and the activism (public anonymity) of a citizen. Along this line, the paper offers a combined analysis of the right to data protection [Art. 9A] and the right to free assembly [Art. 11] as acknowledged in the Greek Constitution (1975/86/01/08). As underlined, both rights constitute the basis for the protection of political privacy and public anonymity and preclude any legislatively posed limitations to their enjoyment. In the end, three key cases of the European Court of Human Rights shed light to the legitimacy of such a ‘panoptic’ surveillance of public assemblies.

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.

Artificial Intelligence Inroads Into HR

2022 ◽  
pp. 231-246
Author(s):  
Swati Bansal ◽  
Monica Agarwal ◽  
Deepak Bansal ◽  
Santhi Narayanan
Keyword(s):  
Artificial Intelligence ◽  
Decision Making ◽  
Human Resources ◽  
Generation Y ◽  
Industry 4.0 ◽  
Career Aspirations ◽  
Work Life ◽  
Human Decision ◽  
The Right ◽  
Talent Acquisition

Artificial intelligence is already here in all facets of work life. Its integration into human resources is a necessary process which has far-reaching benefits. It may have its challenges, but to survive in the current Industry 4.0 environment and prepare for the future Industry 5.0, organisations must penetrate AI into their HR systems. AI can benefit all the functions of HR, starting right from talent acquisition to onboarding and till off-boarding. The importance further increases, keeping in mind the needs and career aspirations of Generation Y and Z entering the workforce. Though employees have apprehensions of privacy and loss of jobs if implemented effectively, AI is the present and future. AI will not make people lose jobs; instead, it would require the HR people to upgrade their skills and spend their time in more strategic roles. In the end, it is the HR who will make the final decisions from the information that they get from the AI tools. A proper mix of human decision-making skills and AI would give organisations the right direction to move forward.

scholarly journals ‘Too High’, ‘Too Low’, or ‘Just Fair Enough’?

2019 ◽  
Vol 17 (2) ◽  
pp. 351-368
Author(s):  
Joanna Nicholson
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
International Criminal ◽  
Fair Trial ◽  
International Human Rights Law ◽  
Criminal Courts ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Human Rights Standards

Abstract That an accused receives a fair trial is essential to the legitimacy of international criminal courts and tribunals. However, how best to interpret the right to a fair trial in order to maximize the legitimacy of international criminal courts and tribunals’ decision-making? Some argue that international criminal courts and tribunals should aspire to the highest standards of fairness and should aim to set an example for domestic courts in this regard. Others argue that the unique context within which international criminal courts and tribunals operate allows them, at times, to interpret the right to a fair trial in a way which falls below minimum international human rights standards. This article examines both of these positions and finds both to be problematic. Rather, the article argues that international criminal courts and tribunals should aim for a middle path, the ‘fair enough’ standard, when interpreting the right to a fair trial. In situations where a different standard than that found within international human rights law is applied, international criminal courts and tribunals should expend greater effort in being open and clear as to why this is so, and should take care in communicating this to their audience, including victims and the accused. By doing so, the legitimacy of their decision-making will be enhanced.

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