Procedural and Institutional Backing of Transparency in Algorithmic Processing of Rights Cover Image

Procedural and Institutional Backing of Transparency in Algorithmic Processing of Rights
Procedural and Institutional Backing of Transparency in Algorithmic Processing of Rights

Author(s): Radim Polčák
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, Philosophy of Law
Published by: Masarykova univerzita nakladatelství
Keywords: Algorithmic State; Automated Decisions; Logic of Algorithms; Transparency of Algorithms

Summary/Abstract: Efficient enforcement of legal substance requires proper procedures and capable institutions. In that respect, law is now being challenged by the emergence of automated systems that autonomously decide about matters concerning rights. The neuralgic point in enforcement of legal compliance of such systems, namely with regards to possible discrimination, is transparency. Currently, there exists, at least in the EU, particular individual right to know the logic of respective algorithms. The comment tries to narrow down the issue of actual enforceability of that right by investigating its basic procedural and institutional aspects.

  • Issue Year: 13/2019
  • Issue No: 2
  • Page Range: 401-412
  • Page Count: 12
  • Language: English