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Automated decision-making involves using data as input to be analyzed within a process, model, or algorithm or for learning and generating new models. [7] ADM systems may use and connect a wide range of data types and sources depending on the goals and contexts of the system, for example, sensor data for self-driving cars and robotics, identity data for security systems, demographic and ...
The European Union General Data Protection Regulation (enacted 2016, taking effect 2018) extends the automated decision-making rights in the 1995 Data Protection Directive to provide a legally disputed form of a right to an explanation, stated as such in Recital 71: "[the data subject should have] the right ... to obtain an explanation of the decision reached".
When data is collected, data subjects must be clearly informed about the extent of data collection, the legal basis for the processing of personal data, how long data is retained, if data is being transferred to a third-party and/or outside the EU, and any automated decision-making that is made on a solely algorithmic basis.
An algorithmic-based decision which produces legal effects or significantly affects the data subject may not be based solely on automated processing of data. (art. 15) A form of appeal should be provided when automatic decision making processes are used.
The original automated decision rules and safeguards found in French law since the late 1970s. [193] The GDPR addresses algorithmic bias in profiling systems, as well as the statistical approaches possible to clean it, directly in recital 71, [194] noting that
Specifically, in article 4, the bill emphasizes the avoidance of discriminatory AI solutions, plurality, and respect for human rights. Furthermore, this act emphasizes the importance of the equality principle in deliberate decision-making algorithms, especially for highly diverse and multiethnic societies like that of Brazil.
In the GDPR, this right is defined in various sections of Article 15. There is also a right to access in the GDPR's partner legislation, the Data Protection Law Enforcement Directive. [ 5 ] The European Data Protection Board (EDPB) has considered it "necessary to provide more precise guidance on how the right of access has to be implemented in ...
When the use of automated decision-making produces decisions with a major influence on the rights and interests of the individual, they have the right to require personal information handlers to explain the matter, and they have the right to refuse that personal information handlers make decisions solely through automated decision-making ...