Profiling and Automated Decision-Making: Legal Implications and Shortcomings

Stefanie Hänold ()
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Stefanie Hänold: Institute for Legal Informatics, Leibniz Universität Hannover

A chapter in Robotics, AI and the Future of Law, 2018, pp 123-153 from Springer

Abstract: Abstract The increased use of profilingProfiling and automated decision-makingAutomated decision-making systems raises a number of challenges and concerns. The underlying algorithms embody a considerable potential for discriminationDiscrimination and unfair treatment. Furthermore, individuals are treated as passive objects of algorithmic evaluation and decision tools and are unable to present their values and positions. They are no longer perceived as individuals in their own right: all that matters is the group they are assigned to. ProfilingProfiling and automated decision-makingAutomated decision-making techniques also depend on the processing of personal dataPersonal data , and a significant number of the available applications are highly privacyPrivacy -intrusive. This article analyses how the European General Data Protection Regulation (GDPR)General Data Protection Regulation (GDPR) responds to these challenges. In particular, Art. 22 GDPRGeneral Data Protection Regulation (GDPR) , which provides the right not to be subjectSubject to automated individual decision-making, as well as the information obligationsInformation obligations under Art. 13 (2) (f) and Art. 14 (2) (g) GDPRGeneral Data Protection Regulation (GDPR) and the access rightAccess right(s) under Art. 15 (1) (h) GDPRGeneral Data Protection Regulation (GDPR) , will be examined in detail. General data protectionData protection principles, particularly the principle of fairness, as well as specific German scoring provisions and anti-discriminationDiscrimination rules, are looked at, too. In conclusion, various shortcomings of the present legal framework are identified and discussed and a short outlook for potential future steps presented.

Keywords: Profiling; Automated decision-making; Algorithm; Explanation; General Data Protection Regulation (GDPR) (search for similar items in EconPapers)
Date: 2018
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DOI: 10.1007/978-981-13-2874-9_6

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