The 'rule of law' implications of data-driven decision-making: A techno-regulatory perspective
Bayamlioglu,Emre Leenes,Ronald
Bayamlioglu,Emre
Leenes,Ronald
Abstract
Techno-regulation is a prominent mechanism for regulating human behaviour. One type of techno-regulation concerns automated decision-making with legal effects. While automated decision-making (ADM) systems in the public domain have traditionally been based on conscious design of decisional norms, increasingly, Data Science methodologies are used to devise these norms. This data-driven approach causes frictions with the underlying principle of public-sector decision-making, namely adherence to the rule of law. In this paper we discuss three major challenges data-driven ADM poses to the Rule Law: law as a normative enterprise, law as a causative enterprise and law as a moral enterprise.
Description
Date
2018-12-05
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Volume Title
Publisher
Research Projects
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Keywords
Techno-regulation; automated decision-making; rule of law, SDG 16 - Peace, Justice and Strong Institutions
Citation
Bayamlioglu, E & Leenes, R 2018, 'The 'rule of law' implications of data-driven decision-making : A techno-regulatory perspective', Law, Innovation and Technology, vol. 10, no. 2, pp. 295-313. https://doi.org/10.1080/17579961.2018.1527475