Clarity, Surprises, and Further Questions in the Article 29 Working Party Draft Guidance on Automated Decision-Making and Profiling
Michael Veale and
Lilian Edwards
Additional contact information
Michael Veale: University College London
No y25ag_v1, LawArchive from Center for Open Science
Abstract:
Cite as: Michael Veale and Lilian Edwards, 'Clarity, Surprises, and Further Questions in the Article 29 Working Party Draft Guidance on Automated Decision-Making and Profiling' (forthcoming) Computer Law and Security Review The new Article 29 Data Protection Working Party’s draft guidance on automated decision-making and profiling seeks to clarify the European data protection (DP) law’s little-used right to prevent automated decision-making, as well as the provisions around profiling more broadly, in the run-up to the General Data Protection Regulation. In this paper, we analyse these new guidelines in the context of recent scholarly debates and technological concerns. They foray into the less-trodden areas of bias and non-discrimination, the significance of advertising, the nature of “solely” automated decisions, impacts upon groups and the inference of special categories of data — at times, appearing more to be making or extending rules than to be interpreting them. At the same time, they provide only partial clarity — and perhaps even some extra confusion — around both the much discussed “right to an explanation” and the apparent prohibition on significant automated decisions concerning children. The Working Party appear to feel less mandated to adjudicate in these conflicts between the recitals and the enacting articles than to explore altogether new avenues. Nevertheless, the directions they choose to explore are particularly important ones for the future governance of machine learning and artificial intelligence in Europe and beyond.
Date: 2017-11-18
References: Add references at CitEc
Citations:
Downloads: (external link)
https://osf.io/download/5a1030e3b83f690266cb5122/
Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
HTML/Text
Persistent link: https://EconPapers.repec.org/RePEc:osf:lawarc:y25ag_v1
DOI: 10.31219/osf.io/y25ag_v1
Access Statistics for this paper
More papers in LawArchive from Center for Open Science
Bibliographic data for series maintained by OSF ().