On 7 December 2023, the Court of Justice of the European Union (CJEU) gave judgment in Case 634/21 SCHUFA, the first ruling to determine the scope of the right not to be subjected to automated decision making (ADM) in Article 22 of the General Data Protection Regulation (GDPR). Every Continue Reading
“Work” – what’s “AI” got to do with it?
We suspect that some readers will be focussing mostly on AI while others will be looking mostly at work problems. What we have been doing since 2018 is to try to bring both together. Either way, how AI in the workplace should be regulated is now a really hot topic. Continue Reading
A difficult different discrimination: Artificial Intelligence and disability
The UN’s Special Rapporteur on the rights of persons with disabilities (SR) published a thematic report “A/HRC/49/52: Artificial intelligence and the rights of persons with disabilities” on 28 December 2021 calling on States, NGOs, National Human Rights Organisations and civil society in general to take a stand against Artificial Intelligence Continue Reading
French Parcoursup decision
On 3 April 2020, France’s Constitutional Council (Le Conseil Constitutionnel) handed down its long-awaited decision concerning the lawfulness of Parcoursup, a national algorithmic platform that assists educational establishments to select students and assign them to undergraduate courses in an equitable way. Parcoursup had already been the subject of criticism by Continue Reading
Covid-19: Facial Recognition Technology in the workspace: the answer to social distancing or discriminatory?
The Government’s instruction to work from home and to limit travel is bound to mean that reliance on artificial intelligence (AI), machine learning (ML) and automated decision making (ADM) will expand even faster than before, and it has been expanding very fast already. Certainly, The Wall Street Journal is predicting Continue Reading
A clear ruling from the Italian Supreme Court: Consent without transparency is legally worthless, especially where an AI system is used to assess credibility and reputation.
The blog has been co-authored with Alexandru Cîrciumaru. More information about Alex is available at the end of this blog. Introduction Perhaps no principle of law is more important than the right to personal autonomy, because, in human terms, without it we are nothing. Personal autonomy means being able to Continue Reading
The pandemic, social benefits, and automated decision making (ADM): Just because it is quicker to use a machine, is it consistent with the principle of non-discrimination?
Introduction On one level, it seems a very worrying idea that machines alone could be left to make important governmental decisions about our business, our personal finances or security. No doubt, if those decisions “go our way”, we probably won’t mind too much about the process itself since quick welcome Continue Reading
TUC report: Technology Managing People – the legal implications
Joshua Jackson, a pupil at Cloisters, discuss a report prepared by Robin Allen QC and Dee Masters for the TUC, which examines the legal implications of the use of AI in the workplace. In November 2020, I examined the TUC report (“Technology managing people: The worker experience” ) and CDEI report Continue Reading
An Italian lesson for Deliveroo: Computer programmes do not always think of everything!
In this blog we examine a very recent Italian decision from the Bologna Labour Court – Filcam VGIL Bologna and others v Deliveroo Italia SRL – which held that Deliveroo’s algorithm – called “Frank” – which determined its workers priority to access delivery time slots was discriminatory. Whilst we understand that the algorithm at the heart of that case is now defunct, there is an important lesson to be learnt from the decision. Specifically, this Deliveroo case demonstrates conclusively how unthinking reliance on algorithms simply because they are perceived to be “useful” can lead to unintended discrimination – with the result that a business ends up in court.
A closer look at AI and employment: Analysis of the recent CDEI and TUC reports
This blog is by Joshua Jackson, pupil at Cloisters. It was first published on http://www.cloisters.com. In this blog, Joshua considers two important reports which were released this week – one by the TUC which examines the growth of technology post Covid-19 and the long awaited CDEI report which makes proposals Continue Reading
Never knowingly oversold? Tell me who you are, and I will tell you how much you need to pay!
The blog has been co-authored with Alexandru Cîrciumaru. More information about Alex is available at the end of this blog. Introduction Sooner or later, if you shop online, “you” will be offered a “discount” or “special price” to induce a first or subsequent purchase. “You” may be offered no reason Continue Reading
AI and foreign travel. Hoping to get away? Be prepared for the Border Bots.
The blog has been co-authored with Alina Glaubitz. More information about Alina is available at the end of this blog. Covid–19 has brought immediate changes to the rights of free movement in the European Union as each Member State has struggled to control the spread of the virus. Temporary travel Continue Reading