Governance Of Automated Decision Making And Eu Law
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Governance Of Automated Decision Making And Eu Law
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-08-22
Governance Of Automated Decision Making And Eu Law written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-22 with Law categories.
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.
The Rule Of Law And Automated Decision Making
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Author : Markku Suksi
language : en
Publisher: Springer Nature
Release Date : 2023-07-24
The Rule Of Law And Automated Decision Making written by Markku Suksi and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-24 with Law categories.
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.
The Oxford Handbook Of Comparative Administrative Law
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Author : Peter Cane
language : en
Publisher:
Release Date : 2021
The Oxford Handbook Of Comparative Administrative Law written by Peter Cane and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Law categories.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
E Governance In The European Union
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Author : David Ramiro Troitiño
language : en
Publisher: Springer Nature
Release Date : 2024-06-14
E Governance In The European Union written by David Ramiro Troitiño and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-14 with Political Science categories.
This book sheds new light on the future of e-governance in the European Union (EU). Drawing on the first-hand professional experience of practitioners, policymakers, and institutional stakeholders, combined with a sound academic foundation, it offers insights into successful implementation strategies and new tools necessary for efficient e-governance in the European Union. The authors present key topics, e.g. the development of e-services such as e-identity, e-health, e-democracy, as well as e-governance tools for the correct implementation of the Digital Single Market. Furthermore, they discuss the legal framework needed for the implementation of these services, such as data protection, digital competition law, as well as EU contracts in digital environments. Finally, the authors highlight efforts to include ethical standards and European values in the decision-making, while developing a vision for the future use of e-governance in the European Union. Understanding the tools and strategies for a successful implementation of e-governance services, as well as the necessary legal framework, will allow professionals such as policymakers and institutional stakeholders, to improve their performance and achieve better results when working on the development of future e-governance services in the European Union.
Automated Decision Making And Effective Remedies
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Author : Simona Demková
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-14
Automated Decision Making And Effective Remedies written by Simona Demková and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-14 with Law categories.
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
Regulating Artificial Intelligence
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Author : Thomas Wischmeyer
language : en
Publisher: Springer Nature
Release Date : 2019-11-29
Regulating Artificial Intelligence written by Thomas Wischmeyer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-29 with Law categories.
This book assesses the normative and practical challenges for artificial intelligence (AI) regulation, offers comprehensive information on the laws that currently shape or restrict the design or use of AI, and develops policy recommendations for those areas in which regulation is most urgently needed. By gathering contributions from scholars who are experts in their respective fields of legal research, it demonstrates that AI regulation is not a specialized sub-discipline, but affects the entire legal system and thus concerns all lawyers. Machine learning-based technology, which lies at the heart of what is commonly referred to as AI, is increasingly being employed to make policy and business decisions with broad social impacts, and therefore runs the risk of causing wide-scale damage. At the same time, AI technology is becoming more and more complex and difficult to understand, making it harder to determine whether or not it is being used in accordance with the law. In light of this situation, even tech enthusiasts are calling for stricter regulation of AI. Legislators, too, are stepping in and have begun to pass AI laws, including the prohibition of automated decision-making systems in Article 22 of the General Data Protection Regulation, the New York City AI transparency bill, and the 2017 amendments to the German Cartel Act and German Administrative Procedure Act. While the belief that something needs to be done is widely shared, there is far less clarity about what exactly can or should be done, or what effective regulation might look like. The book is divided into two major parts, the first of which focuses on features common to most AI systems, and explores how they relate to the legal framework for data-driven technologies, which already exists in the form of (national and supra-national) constitutional law, EU data protection and competition law, and anti-discrimination law. In the second part, the book examines in detail a number of relevant sectors in which AI is increasingly shaping decision-making processes, ranging from the notorious social media and the legal, financial and healthcare industries, to fields like law enforcement and tax law, in which we can observe how regulation by AI is becoming a reality.
Data Protection Privacy And Artificial Intelligence Volume 17
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Author : Eleni Kosta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-05-01
Data Protection Privacy And Artificial Intelligence Volume 17 written by Eleni Kosta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-05-01 with Law categories.
This book examines the discourse and developments surrounding privacy and data protection in the digital realm, featuring papers and discussions from the 2024 CPDP.ai international conference. The question of governance-whether to lead or be led-has never been more relevant. Thus, the book not only addresses privacy and data protection, but also highlights issues related to the governance of artificial intelligence and the regulatory changes introduced by the EU AI Act. The book features comprehensive discussions on the adequacy and effectiveness of the governance mechanisms established by the EU AI Act, particularly emphasising standardisation, co-regulation, and human oversight, while also identifying existing gaps in protection. Additionally, it pays special attention to the risks to fundamental rights associated with AI usage by law enforcement agencies, examining whether the current legal framework sufficiently safeguards against these risks. Finally, the book provides an in-depth exploration of deepnude and deepfake technology that generates nude images, as well as the role of AI in the EU's migration management systems. The chapters in this book provide readers with an opportunity to explore the challenges and developments related to privacy, data protection, and artificial intelligence. By presenting academic insights alongside contributions from practitioners, civil society, and the European Data Protection Supervisor, this interdisciplinary volume encapsulates the essence of the CPDP.ai 2024 conference.
Algorithmic Regulation
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Author : Karen Yeung
language : en
Publisher:
Release Date : 2019
Algorithmic Regulation written by Karen Yeung and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
As the power and sophistication of of 'big data' and predictive analytics has continued to expand, so too has policy and public concern about the use of algorithms in contemporary life. This is hardly surprising given our increasing reliance on algorithms in daily life, touching policy sectors from healthcare, transport, finance, consumer retail, manufacturing education, and employment through to public service provision and the operation of the criminal justice system. This has prompted concerns about the need and importance of holding algorithmic power to account, yet it is far from clear that existing legal and other oversight mechanisms are up to the task. This collection of essays, edited by two leading regulatory governance scholars, offers a critical exploration of 'algorithmic regulation', understood both as a means for co-ordinating and regulating social action and decision-making, as well as the need for institutional mechanisms through which the power of algorithms and algorithmic systems might themselves be regulated. It offers a unique perspective that is likely to become a significant reference point for the ever-growing debates about the power of algorithms in daily life in the worlds of research, policy and practice. The range of contributors are drawn from a broad range of disciplinary perspectives including law, public administration, applied philosophy, data science and artificial intelligence. Taken together, they highlight the rise of algorithmic power, the potential benefits and risks associated with this power, the way in which Sheila Jasanoff's long-standing claim that 'technology is politics' has been thrown into sharp relief by the speed and scale at which algorithmic systems are proliferating, and the urgent need for wider public debate and engagement of their underlying values and value trade-offs, the way in which they affect individual and collective decision-making and action, and effective and legitimate mechanisms by and through which algorithmic power is held to account.
Governmental Automated Decision Making And Human Rights
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Author : Stefan Schäferling
language : en
Publisher: Springer Nature
Release Date : 2023-12-07
Governmental Automated Decision Making And Human Rights written by Stefan Schäferling and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-07 with Law categories.
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.
Is Law Computable
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Author : Simon Deakin
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
Is Law Computable written by Simon Deakin and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
What does computable law mean for the autonomy, authority, and legitimacy of the legal system? Are we witnessing a shift from Rule of Law to a new Rule of Technology? Should we even build these things in the first place? This unique volume collects original papers by a group of leading international scholars to address some of the fascinating questions raised by the encroachment of Artificial Intelligence (AI) into more aspects of legal process, administration, and culture. Weighing near-term benefits against the longer-term, and potentially path-dependent, implications of replacing human legal authority with computational systems, this volume pushes back against the more uncritical accounts of AI in law and the eagerness of scholars, governments, and LegalTech developers, to overlook the more fundamental - and perhaps 'bigger picture' - ramifications of computable law. With contributions by Simon Deakin, Christopher Markou, Mireille Hildebrandt, Roger Brownsword, Sylvie Delacroix, Lyria Bennet Moses, Ryan Abbott, Jennifer Cobbe, Lily Hands, John Morison, Alex Sarch, and Dilan Thampapillai, as well as a foreword from Frank Pasquale.