The role of privacy in the establishment of the right not to be subject to automated decision-making

• Authors: Andrej Krištofík
• Languages of publication: EN

Abstracts

EN

Despite the rise in processes that are being automated in our daily life not much attention has been directed at the regulation of automation as such, that is not tied expressly to the technology that is being used for the automation. This holds true for automated decision-making, which can in its public form have a great impact on the individual’s life. As such, automated decision-making has only been regulated as a part of privacy-oriented legal instruments, which naturally begs the questions, whether the right to not be subject to automated decision-making is in fact a privacy related right. The article attempts to answer this question by identifying the place of the right to not be subject to automated decision-making within one of the privacy types, identified in extensive typology of Koops et al. It further posits several other legal values, that are different from privacy, that could warrant the placement of this right within the existing legal instruments.

Keywords

EN

privacy; automated decision making; autonomy; artificial intelligence; data protection

Discipline

• LAW_&_ADMINISTRATION: LAW & ADMINISTRATION

• Publisher: Institute of State and Law, Czech Academy of Sciences
• Journal: The Lawyer Quarterly
• Year: 2024
• Volume: 14
• Issue: 2
• Pages: 236-251
• Document type: ARTICLE

Contributors

author

Andrej Krištofík

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