Conclusion
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Chapter 8 in Automated Decision-Making and Effective Remedies, 2023, pp 202-205 from Edward Elgar Publishing
Abstract:
The book aspired to offer a holistic view of the existing and novel challenges in view of contributing to the debate on the impacts of technological progress on the protection of private persons. More generally, the discussions also reflect the impact of technology on accountability in the age of information. An important takeaway in this respect is the lesson about the fundamental weakening of ex post enforcement of individual rights where established jurisdictional limits prevent addressing the multijurisdictional and cross-border character of data-driven decisions. Legal protection, therefore, increasingly depends on an array of additional safeguards, including ex ante protection through the judicial authorisation or regular monitoring of the automated support systems used in individual decision-making. However, their existence alone does not uphold the constitutional right of effective judicial remedy granted to individuals under EU law. Accordingly, the quest to strengthen - legally and practically - the available ex post review mechanisms should be the absolute priority to balance the magnitude of power exerted by means of automation on private lives.
Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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