Automation has proven to be capable of producing extremely positive results in terms of increased efficiency and speed in deci-sion-making, but it often conceals the risk of discrimination. Dis-criminatory practices may affect new types of groups, identified through inferential association, that do not correspond to histor-ically protected grounds. Where anti-discrimination law does not reach, data protection law may. Based on an analytical examination of the legal provisions and a comparison with the positions of le-gal scholars and the European Court of Justice case-law, the study examines whether the GDPR provides effective tools to counter algorithmic discriminations based on unprotected attributes
GDPR Feasibility and Algorithmic Non-Statutory Discrimination
Alfio Guido Grasso
2023-01-01
Abstract
Automation has proven to be capable of producing extremely positive results in terms of increased efficiency and speed in deci-sion-making, but it often conceals the risk of discrimination. Dis-criminatory practices may affect new types of groups, identified through inferential association, that do not correspond to histor-ically protected grounds. Where anti-discrimination law does not reach, data protection law may. Based on an analytical examination of the legal provisions and a comparison with the positions of le-gal scholars and the European Court of Justice case-law, the study examines whether the GDPR provides effective tools to counter algorithmic discriminations based on unprotected attributesFile | Dimensione | Formato | |
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