Council of Europe: Discrimination, artificial intelligence, and algorithmic decision-making

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"The most relevant legal tools to mitigate the risks of AI-driven discrimination are non-discrimination law and data protection law. If effectively enforced, both these legal tools could help to fight illegal discrimination. Council of Europe member States, human rights monitoring bodies, such as the European Commission against Racism and Intolerance, and Equality Bodies should aim for better enforcement of current non-discrimination norms.

But AI also opens the way for new types of unfair differentiation (some might say discrimination) that escape current laws. Most non-discrimination statutes apply only to discrimination on the basis of protected characteristics, such as skin colour. Such statutes do not apply if an AI system invents new classes, which do not correlate with protected characteristics, to differentiate between people. Such differentiation could still be unfair, however, for instance when it reinforces social inequality.

We probably need additional regulation to protect fairness and human rights in the area of AI. But regulating AI in general is not the right approach, as the use of AI systems is too varied for one set of rules. In different sectors, different values are at stake, and different problems arise. Therefore, sector-specific rules should be considered. More research and debate are needed."

See: Council of Europe: Discrimination, artificial intelligence, and algorithmic decision-making (pdf):

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