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Author: Marco Almada
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Concerns about “black box” machine learning algorithms have led many data protection laws and regulations to establish a right to human intervention on decision-making supported by artificial intelligence. Such interventions provide data subjects with means to protect their rights, freedoms, and legitimate interests, either as a bare minimum requirement for data processing or as a central norm governing decision-aiding artificial intelligence. In this paper, I present contestability by design as an approach to two kinds of issues with current legal implementations of the right to human intervention. The first kind is the uncertainty about what kind of decision should be covered by this right: while a narrow reading of rules such as GDPR Article 22(3) would include all sorts of fully-automated decisions, I show how a broader interpretation can provide more effective protection for data subjects against side-effects of automated decision-making. The second class of issues ensues from practical effects, or the lack thereof, of this right to intervention: even within a clear conceptual framework, data subjects might still lack the information they need to the concrete exercise of their right, or the human intervention itself might introduce biases and limitations that result in undesirable outcomes. After discussing how those effects can be identified and measured, I then explore how the proper protection of the rights of data subjects is possible only if the possibility of contesting decisions based solely on automated processing is not an afterthought, but instead a requirement at each stage of an artificial intelligence system's lifecycle.
Author: Marco Almada
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Concerns about “black box” machine learning algorithms have led many data protection laws and regulations to establish a right to human intervention on decision-making supported by artificial intelligence. Such interventions provide data subjects with means to protect their rights, freedoms, and legitimate interests, either as a bare minimum requirement for data processing or as a central norm governing decision-aiding artificial intelligence. In this paper, I present contestability by design as an approach to two kinds of issues with current legal implementations of the right to human intervention. The first kind is the uncertainty about what kind of decision should be covered by this right: while a narrow reading of rules such as GDPR Article 22(3) would include all sorts of fully-automated decisions, I show how a broader interpretation can provide more effective protection for data subjects against side-effects of automated decision-making. The second class of issues ensues from practical effects, or the lack thereof, of this right to intervention: even within a clear conceptual framework, data subjects might still lack the information they need to the concrete exercise of their right, or the human intervention itself might introduce biases and limitations that result in undesirable outcomes. After discussing how those effects can be identified and measured, I then explore how the proper protection of the rights of data subjects is possible only if the possibility of contesting decisions based solely on automated processing is not an afterthought, but instead a requirement at each stage of an artificial intelligence system's lifecycle.
Author: Simona Demková
Publisher: Edward Elgar Publishing
ISBN: 1035306611
Category : Law
Languages : en
Pages : 227
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Book Description
This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection
Author: Martin Ebers
Publisher: Cambridge University Press
ISBN: 1108424821
Category : Computers
Languages : en
Pages : 321
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Book Description
Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.
Author: Ifeoma Ajunwa
Publisher:
ISBN:
Category :
Languages : en
Pages : 72
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Book Description
A received wisdom is that automated decision-making serves as an anti-bias intervention. The conceit is that removing humans from the decision-making process will also eliminate human bias. The paradox, however, is that in some instances, automated decision-making has served to replicate and amplify bias. With a case study of the algorithmic capture of hiring as heuristic device, this Article provides a taxonomy of problematic features associated with algorithmic decision-making as anti-bias intervention and argues that those features are at odds with the fundamental principle of equal opportunity in employment. To examine these problematic features within the context of algorithmic hiring and to explore potential legal approaches to rectifying them, the Article brings together two streams of legal scholarship: law and technology studies and employment & labor law.Counterintuitively, the Article contends that the framing of algorithmic bias as a technical problem is misguided. Rather, the Article's central claim is that bias is introduced in the hiring process, in large part, due to an American legal tradition of deference to employers, especially allowing for such nebulous hiring criterion as “cultural fit.” The Article observes the lack of legal frameworks that take into account the emerging technological capabilities of hiring tools which make it difficult to detect disparate impact. The Article thus argues for a re-thinking of legal frameworks that take into account both the liability of employers and those of the makers of algorithmic hiring systems who, as brokers, owe a fiduciary duty of care. Particularly related to Title VII, the Article proposes that in legal reasoning corollary to extant tort doctrines, an employer's failure to audit and correct its automated hiring platforms for disparate impact could serve as prima facie evidence of discriminatory intent, leading to the development of the doctrine of discrimination per se. The article also considers other approaches separate from employment law such as establishing consumer legal protections for job applicants that would mandate their access to the dossier of information consulted by automated hiring systems in making the employment decision.
Author: Ariel Geib
Publisher: Springer Nature
ISBN: 3031015789
Category : Computers
Languages : en
Pages : 134
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Book Description
Human decision-making often transcends our formal models of "rationality." Designing intelligent agents that interact proficiently with people necessitates the modeling of human behavior and the prediction of their decisions. In this book, we explore the task of automatically predicting human decision-making and its use in designing intelligent human-aware automated computer systems of varying natures—from purely conflicting interaction settings (e.g., security and games) to fully cooperative interaction settings (e.g., autonomous driving and personal robotic assistants). We explore the techniques, algorithms, and empirical methodologies for meeting the challenges that arise from the above tasks and illustrate major benefits from the use of these computational solutions in real-world application domains such as security, negotiations, argumentative interactions, voting systems, autonomous driving, and games. The book presents both the traditional and classical methods as well as the most recent and cutting edge advances, providing the reader with a panorama of the challenges and solutions in predicting human decision-making.
Author: Stefan Schäferling
Publisher: Springer Nature
ISBN: 3031481259
Category : Law
Languages : en
Pages : 312
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Book Description
With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.
Author: Markku Suksi
Publisher: Springer Nature
ISBN: 3031301420
Category : Law
Languages : en
Pages : 222
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Book Description
The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.
Author: Aleksandra Drożdż
Publisher: Kluwer Law International B.V.
ISBN: 9403520515
Category : Law
Languages : en
Pages : 272
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Book Description
Increasingly, algorithms regulate our lives. Personal data is routinely processed on an unprecedented scale in both private and public sectors. This shift from more subjective and less structured human decision-making processes to automated ones has provoked numerous concerns with regard to the rights and freedoms of natural persons affected. In particular, those attached to profiling that can lead to discrimination influencing crucial opportunities of individuals, such as the ability to obtain credit, insurance, education, a job or even medical treatment. To the extent that automated individual decision-making is based on personal data, in the European Union it is subject to the General Data Protection Regulation. The author examines whether this legislative act affords sufficient protection of natural persons with regard to such processing, identifying the loopholes that hinder or prevent its efficacy and the de lege lata rules and de lege ferenda postulates that could provide individuals with effective protection in relation to automated individual decision-making. She provides an in-depth analysis of such aspects as the following: the GDPR’s background, terminology and material and territorial scope of application; key concerns regarding automated individual decision-making; specific and general provisions of the GDPR relevant to protection of natural persons with regard to automated individual decision-making; special and general rights of the data subject relevant to automated individual decision-making provided for in the GDPR; key limitations to algorithmic transparency; how profiling can create special categories of personal data by inference from ‘ordinary’ personal data; and how the version of reality derived from personal data is often at least partially inaccurate. To interpret the rules of the GDPR, the analysis draws on the travaux préparatoires, case law of the Court of Justice of the European Union and national courts that concerns the previous Data Protection Directive, guidelines and opinions of the Article 29 Working Party and the European Data Protection Board, various reports and recommendations and numerous academic writings. In its consideration of some of the most controversial issues in the realm of personal data protection – issues whose role in the information society will grow rapidly – this book represents a major contribution to research and legal guidance at the confluence of law and new technologies concerning algorithmic accountability. Policymakers, regulators and lawyers active in the ongoing development of personal data protection law will become knowledgeable about interpretations and guidelines formulated by European data protection authorities, as well as examples and best practices in the field. Moreover practitioners will find the implementation of automated individual decision-making systems in accordance with the GDPR greatly facilitated. The analysis will assist data protection authorities and judicature in assessing such systems and interpreting the GDPR framework with regard to protection of natural persons in the years to come.
Author: Raja Parasuraman
Publisher: Routledge
ISBN: 135146504X
Category : Technology & Engineering
Languages : en
Pages : 329
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Book Description
There is perhaps no facet of modern society where the influence of computer automation has not been felt. Flight management systems for pilots, diagnostic and surgical aids for physicians, navigational displays for drivers, and decision-aiding systems for air-traffic controllers, represent only a few of the numerous domains in which powerful new automation technologies have been introduced. The benefits that have been reaped from this technological revolution have been many. At the same time, automation has not always worked as planned by designers, and many problems have arisen--from minor inefficiencies of operation to large-scale, catastrophic accidents. Understanding how humans interact with automation is vital for the successful design of new automated systems that are both safe and efficient. The influence of automation technology on human performance has often been investigated in a fragmentary, isolated manner, with investigators conducting disconnected studies in different domains. There has been little contact between these endeavors, although principles gleaned from one domain may have implications for another. Also, with a few exceptions, the research has tended to be empirical and only theory-driven. In recent years, however, various groups of investigators have begun to examine human performance in automated systems in general and to develop theories of human interaction with automation technology. This book presents the current theories and assesses the impact of automation on different aspects of human performance. Both basic and applied research is presented to highlight the general principles of human-computer interaction in several domains where automation technologies are widely implemented. The major premise is that a broad-based, theory-driven approach will have significant implications for the effective design of both current and future automation technologies. This volume will be of considerable value to researchers in human
Author:
Publisher: Oxford University Press
ISBN: 0198919565
Category : Law
Languages : en
Pages : 335
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Book Description
Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision-making processes across EU policy sectors, the work delves into potential risks to democratic principles and accountability standards. Advocating for a comprehensive approach, the volume integrates legal, policy, and technological considerations to establish accountability standards for automated decision-making systems. Tailored for academics, researchers, and policymakers, Governance of Automated Decision-Making and EU Law provides a vital resource for understanding the complexities and opportunities associated with the digitalization of shared administration in the EU. It contributes significantly to the ongoing discourse on safeguarding constitutional values and principles of good governance in the digital era. The findings underscore the interconnectedness of information systems across EU-regulated policy areas and the risks posed by automated decision-making systems. Urging attention to transparency and accountability, the book addresses these concerns through eleven chapters, offering insights into normative requirements, administrative procedures, market regulation, digital health, borders and immigration, political advertising, interoperability framework, AI technology, and their intersection with legal principles. This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.
