Algorithmic Discrimination From the Perspective of Human Dignity

Abstract

Applications of artificial intelligence, algorithmic differentiation, and automated decision‐making systems aim to improve the efficiency of decision‐making for differentiating persons. However, they may also pose new risks to fundamental rights, including the risk of discrimination and potential violations of human dignity. Anti‐discrimination law is not only based on the principles of justice and equal treatment but also aims to ensure the free development of one’s personality and the protection of human dignity. This article examines developments in AI and algorithmic differentiation from the perspective of human dignity. Problems addressed include the expansion of the reach of algorithmic decisions, the potential for serious, systematic, or structural discrimination, the phenomenon of statistical discrimination and the treatment of persons not as individuals, deficits in the regulation of automated decisions and informed consent, the creation and use of comprehensive and personality‐constituting personal and group profiles, and the increase in structural dominance.