Publication details

Good decisions in an imperfect world, A human-focused approach to automated decision-making

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Authors

BACHER Bettina

Year of publication 2024
Type Article in Periodical
Magazine / Source Law, Innovation and Technology
MU Faculty or unit

Faculty of Law

Citation
web Open access článku
Doi https://doi.org/10.1080/17579961.2024.2392936
Keywords Automated decision-making; GDPR; heuristics and bias; human-centered AI; sociotechnical practices
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Description Legal rules are based on an imagined regulatory scene that contains presumptions about the reality a regulation addresses. Regarding automated decision-making (ADM), these include a belief in the “good human decision” that is mirrored in the cautious approach in the GDPR. Yet the “good human decision” defies psychological insight into human weaknesses in decision-making. Instead, it reflects a general unease about algorithmic decisions. Against this background I explore how algorithms become part of human relationships and whether the use of decision systems causes a conflict with human needs, values and the prevailing socio-legal framework. Inspired by the concept of Human-Centered AI, I then discuss how the law may address the apprehension towards decision systems. I outline a human-focused approach to regulating ADM that focuses on improving the practice of decision-making. The interaction between humans and machines is an essential part of the regulation. It must address socio-legal changes caused by decision systems both to integrate them into the existing value system and adapt the latter to changes brought forth by ADM. A human-focused approach thus connects the benefits of technology with human needs and societal values.
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