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Governance of Automated Decision-Making and EU Law

Governance of Automated Decision-Making and EU Law
Author:
Publisher: Oxford University Press
Total Pages: 335
Release: 2024-08-22
Genre: Law
ISBN: 0198919565

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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.


Automated Decision-Making and Effective Remedies

Automated Decision-Making and Effective Remedies
Author: Simona Demková
Publisher: Edward Elgar Publishing
Total Pages: 227
Release: 2023-08-14
Genre: Law
ISBN: 1035306611

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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


The Rule of Law and Automated Decision-Making

The Rule of Law and Automated Decision-Making
Author: Markku Suksi
Publisher: Springer Nature
Total Pages: 222
Release: 2023-07-24
Genre: Law
ISBN: 3031301420

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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.


Governmental Automated Decision-Making and Human Rights

Governmental Automated Decision-Making and Human Rights
Author: Stefan Schäferling
Publisher: Springer Nature
Total Pages: 312
Release: 2024-01-08
Genre: Law
ISBN: 3031481259

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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.


Algorithms and Law

Algorithms and Law
Author: Martin Ebers
Publisher: Cambridge University Press
Total Pages: 321
Release: 2020-07-23
Genre: Computers
ISBN: 1108424821

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Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.


The Oxford Handbook of Comparative Administrative Law

The Oxford Handbook of Comparative Administrative Law
Author: Peter Cane
Publisher: Oxford University Press, USA
Total Pages: 1169
Release: 2021-01-17
Genre: Law
ISBN: 0198799985

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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.


Standards for the Control of Algorithmic Bias

Standards for the Control of Algorithmic Bias
Author: Natalie Heisler
Publisher: CRC Press
Total Pages: 105
Release: 2023-07-04
Genre: Computers
ISBN: 100092758X

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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.


The Automated State

The Automated State
Author: Janina Boughey
Publisher:
Total Pages:
Release: 2021-06-15
Genre:
ISBN: 9781760022952

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Group Privacy

Group Privacy
Author: Linnet Taylor
Publisher: Springer
Total Pages: 249
Release: 2016-12-28
Genre: Philosophy
ISBN: 3319466089

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The goal of the book is to present the latest research on the new challenges of data technologies. It will offer an overview of the social, ethical and legal problems posed by group profiling, big data and predictive analysis and of the different approaches and methods that can be used to address them. In doing so, it will help the reader to gain a better grasp of the ethical and legal conundrums posed by group profiling. The volume first maps the current and emerging uses of new data technologies and clarifies the promises and dangers of group profiling in real life situations. It then balances this with an analysis of how far the current legal paradigm grants group rights to privacy and data protection, and discusses possible routes to addressing these problems. Finally, an afterword gathers the conclusions reached by the different authors and discuss future perspectives on regulating new data technologies.


Algorithmic Governance and Governance of Algorithms

Algorithmic Governance and Governance of Algorithms
Author: Martin Ebers
Publisher: Springer Nature
Total Pages: 174
Release: 2020-10-08
Genre: Law
ISBN: 3030505596

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Algorithms are now widely employed to make decisions that have increasingly far-reaching impacts on individuals and society as a whole (“algorithmic governance”), which could potentially lead to manipulation, biases, censorship, social discrimination, violations of privacy, property rights, and more. This has sparked a global debate on how to regulate AI and robotics (“governance of algorithms”). This book discusses both of these key aspects: the impact of algorithms, and the possibilities for future regulation.