Challenges posed by automated decisions and profiling for fundamental rights
Abstract
In an eminently technological society, automated decisions and profiling are presented as real challenges to Law. Potential biases, behavior predictions and discriminatory effects that pose clear risks for fundamental rights. In this context, this work analyzes the new reality of algorithmic discrimination in the framework of Artificial Intelligence, algorithms and Machine Learning, and how the lawmaker and the courts are choosing to provide a protective vision to this challenge in the era of Big Data. In this work, we study weaknesses and strengths of current legislation, taking into account and examinating some of the most paradigmatic cases that would form the foundations of a pioneering jurisprudential construction adapted to the latent threats of the new and algorithmic times.
Received: 23.11.2020
Accepted: 14.12.2020
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Last update: 12/11/2026
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