Legal aspects of algorithmic decision-making. An exploratory study
An exploratory study (full text only available in Dutch)
- Kulk, S., Deursen, S. van, Snijders, Th. (ass.), Breemen, V. (ass.), Wouters, A. (ass.), Philipsen, S. (ass.), Boekema, M. (ass.), Heeger, S. (ass.)
- University Utrecht - Montaigne Centre for Rule of Law and Administration of Justice, WODC
- Place of publication:
- University Utrecht - Montaigne Centre for Rule of Law and Administration of Justice
- Year of publication:
In our daily lives we all encounter decisions that are made with the help of algorithms. The use of algorithms creates opportunities for the fulfilment of public values and interests. Algorithms, for example, can make decision-making processes more efficient and contribute to finding solutions to various challenges in society. At the same time, the use of algorithms can involve risks and give rise to the question whether the applicable legal frameworks are future proof and able to safeguard public values and interests. Considering the above, the research question of this study is defined as follows:
What opportunities and risks exist in algorithmic decision-making in relation to the protection and realization of public values and interests, and are the current legal frameworks sufficiently future proof to realize opportunities and prevent the occurrence of identified risks or mitigate the consequences of such risks?
The current use of algorithms in decision-making processes and anticipated developments in the next five to ten years constitute the main focus of the study. To help answer the research question, the use of algorithms was examined in case studies in four areas selected by the WODC and the Legislation and Legal Affairs Department of the Ministry of Justice and Security in the Netherlands. These areas are content moderation, self-driving cars, the judicial system and the collection of traffic fines.
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