Procedural and Institutional Backing of Transparency in Algorithmic Processing of Rights

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Authors

POLČÁK Radim

Year of publication 2019
Type Article in Periodical
Magazine / Source Masaryk University Journal of Law and Technology
MU Faculty or unit

Faculty of Law

Citation
web Open access časopisu
Doi http://dx.doi.org/10.5817/MUJLT2019-2-11
Keywords algorithmic state; automated decisions; logic of algorithms; transparency of algorithms
Attached files
Description 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.
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