AI: we may not need a new human right to protect us from decisions by algorithms – the laws already exist

Abstract

There are risks and harms that come with relying on algorithms to make decisions. People are already feeling the impact of doing so. Whether reinforcing racial biases or spreading misinformation, many technologies that are labelled as artificial intelligence (AI) help amplify age-old malfunctions of the human condition. In light of such problems, calls have been made to create a new human right against being subject to automated decision-making (ADM), which the UK Information Commissioner’s Office (ICO) describes as “the process of making a decision by automated means without any human involvement”. Such systems rely on being exposed to data, whether factual, inferred, or created via profiling. But if effective regulation of ADM is the goal, creating new laws is probably not the way to go. Our research suggests we should consider a different approach. Legal frameworks for data protection, non-discrimination, and human rights already offer protection to people from the negative impacts of ADM. Rules from these bodies of law can also guide regulation more generally. We could therefore focus on ensuring that the laws we already have are properly implemented.