Governmental Automated Decision Making And Human Rights
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Governmental Automated Decision Making And Human Rights
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Author : Stefan Schäferling
language : en
Publisher: Springer Nature
Release Date : 2024-01-08
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 2024-01-08 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.
The Automated State
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Author : Janina Boughey
language : en
Publisher:
Release Date : 2021-06-15
The Automated State written by Janina Boughey and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-15 with categories.
Standards For The Control Of Algorithmic Bias
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Author : Natalie Heisler
language : en
Publisher: CRC Press
Release Date : 2023-07-04
Standards For The Control Of Algorithmic Bias written by Natalie Heisler and has been published by CRC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-04 with Computers categories.
Governments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowledging the contributions of leading standards development organizations, the authors argue that the rationale for standards must come from the law and that implementing such standards would help to reduce future complaints by, and would proactively enable human rights protections for, those subject to automated decision-making. The book presents a proposed standards framework for automated decision-making and provides recommendations for its implementation in the context of the government of Canada’s Directive on Automated Decision-Making. As such, this book can assist public agencies around the world in developing and deploying automated decision-making systems equitably as well as being of interest to businesses that utilize automated decision-making processes.
Protection Of Natural Persons With Regard To Automated Individual Decision Making In The Gdpr
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Author : Aleksandra Drożdż
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-03-09
Protection Of Natural Persons With Regard To Automated Individual Decision Making In The Gdpr written by Aleksandra Drożdż and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-09 with Law categories.
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.
Automated Decision Making And Effective Remedies
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Author : Simona Demkova
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-08-28
Automated Decision Making And Effective Remedies written by Simona Demkova 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 2023-08-28 with 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. Focusing on informational cooperation in the EU Area of Freedom, Security and Justice, this book examines the extent to which the EU's system of remedies allows individuals to enforce their rights against automated decisions - such as in cases of the rejection of a residence permit application or the execution of search warrants. Concluding that enforcement of rights is difficult to achieve, the book calls for the comprehensive legal empowerment of individuals through a deep procedural review of automated decision-making. It advances the academic and policy debate on human-centric digital innovation, presenting an empirical case for greater scrutiny of the uses of new technology. The book will be a fascinating read for scholars and students of European law, the law of technology, and human rights. It will also be a useful guide for human and digital rights organisations, policy-makers, and judges seeking to empower individuals in the age of automation.
Standards For Control Of Algorithmic Bias
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Author : Maura R. Grossman
language : en
Publisher:
Release Date : 2023-09
Standards For Control Of Algorithmic Bias written by Maura R. Grossman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09 with Algorithms categories.
"Governments around the world use machine learning in automated decision-making systems for a broad range of functions, however algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowledging the contributions of leading standards development organizations, the authors argue that the rationale for standards must come from the law, and that implementing such standards would help not only to reduce future complaints, but more importantly would proactively enable human rights protections for those subject to automated decision-making. The book presents a proposed standards framework for automated decision-making and also provides recommendations for implementation in the context of Canada's Directive on Automated Decision-Making. As such, this book can assist public agencies around the world in deploying and developing automated decision-making equitably, as well as being of interest to businesses that utilize Automated Decision-Making processes"--
Automated Assistance In Administrative Decision Making
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Author : Department Of Finance And Administration Staff
language : en
Publisher:
Release Date : 2007
Automated Assistance In Administrative Decision Making written by Department Of Finance And Administration Staff and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Decision making categories.
New Technologies For Human Rights Law And Practice
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Author : Molly K. Land
language : en
Publisher: Cambridge University Press
Release Date : 2018-04-19
New Technologies For Human Rights Law And Practice written by Molly K. Land and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-19 with Computers categories.
Provides a roadmap for understanding the relationship between technology and human rights law and practice. This title is also available as Open Access.
When The State Meets The Street
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Author : Bernardo Zacka
language : en
Publisher: Harvard University Press
Release Date : 2017-09-18
When The State Meets The Street written by Bernardo Zacka and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-18 with Political Science categories.
Street level discretion -- Three pathologies: the indifferent, the enforcer, and the caregiver -- A gymnastics of the self: coping with the everyday pressures of street-level work -- When the rules run out: informal taxonomies and peer-level accountability -- Impossible situations: on the breakdown of moral integrity at the frontlines of public service
Human Rights In The Age Of Platforms
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Author : Rikke Frank Jorgensen
language : en
Publisher: MIT Press
Release Date : 2019-11-19
Human Rights In The Age Of Platforms written by Rikke Frank Jorgensen and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-19 with Social Science categories.
Scholars from across law and internet and media studies examine the human rights implications of today's platform society. Today such companies as Apple, Facebook, Google, Microsoft, and Twitter play an increasingly important role in how users form and express opinions, encounter information, debate, disagree, mobilize, and maintain their privacy. What are the human rights implications of an online domain managed by privately owned platforms? According to the Guiding Principles on Business and Human Rights, adopted by the UN Human Right Council in 2011, businesses have a responsibility to respect human rights and to carry out human rights due diligence. But this goal is dependent on the willingness of states to encode such norms into business regulations and of companies to comply. In this volume, contributors from across law and internet and media studies examine the state of human rights in today's platform society. The contributors consider the “datafication” of society, including the economic model of data extraction and the conceptualization of privacy. They examine online advertising, content moderation, corporate storytelling around human rights, and other platform practices. Finally, they discuss the relationship between human rights law and private actors, addressing such issues as private companies' human rights responsibilities and content regulation. Contributors Anja Bechmann, Fernando Bermejo, Agnès Callamard, Mikkel Flyverbom, Rikke Frank Jørgensen, Molly K. Land, Tarlach McGonagle, Jens-Erik Mai, Joris van Hoboken, Glen Whelan, Jillian C. York, Shoshana Zuboff, Ethan Zuckerman Open access edition published with generous support from Knowledge Unlatched and the Danish Council for Independent Research.