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

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Authors

KRIŠTOFÍK Andrej

Year of publication 2024
Type Article in Periodical
Magazine / Source Lawyer Quarterly
MU Faculty or unit

Faculty of Law

Citation
Web https://tlq.ilaw.cas.cz/index.php/tlq/article/view/598
Keywords Privacy; automated decision making; autonomy; artificial intelligence; data protection
Description 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.
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