Algorithms and Artificial Intelligence in the Human Rights Context

Talapina, Elvira

doi:10.12737/jrl.2020.118

Cited by 3 publications

(2 citation statements)

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“…Proposals to provide algorithmic transparency in software are increasingly common. "Transparency of algorithms becomes a type of control, and transparency of algorithmic decision-making serves to ensure that unfair discriminations can be detected and challenged" (Talapina, 2020). However, there is an opposing point of view.…”

Section: Can User Data Be Protected Through Understanding the Logic O...mentioning

confidence: 99%

“…Transparency is defined as "explainability of the work of artificial intelligence and the process of achieving its results, non-discriminatory access of the users of products created with the use of artificial intelligence technologies to information about the algorithms of artificial intelligence used in these products" (p. 19) The Russian legislation also does not contain the requirement to publish rules defining the basic algorithmic processing of user data, unlike the legislation of France. In accordance with the French Law "On the digital republic" of October 7, 2016, such rules must be published on a public authority website (Talapina, 2020).…”

Section: Comparative Analysis Of the Principles Of Algorithmic Transp...mentioning

confidence: 99%

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Achieving Algorithmic Transparency and Managing Risks of Data Security when Making Decisions without Human Interference: Legal Approaches

Zharova

2023

JDTL

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Objective: to compare modern approaches in law to the use of program codes and algorithms in decision-making that meet the principles of transparency and openness, as well as the increasingly stringent requirements for ensuring the security of personal and other big data obtained and processed algorithmically.Methods: the main methods for researching the principle of transparency in algorithmic decision-making were formal-legal and comparative analysis of legal acts and international standards of information security, as well as the principles and legal constructions contained in them.Results: it was determined that the development of information security standardization, inclusion in legal acts of requirements for the development of information technologies that comply with the principles of transparency and openness of applied algorithms will minimize the risks associated with the unlawful processing of users' big data and obtaining information about their privacy. Proposals were identified, related to the implementation of algorithmic transparency in the field of data processing legal regulation. Recommendations were formulated, based on which the legislator can solve the problem of ensuring the openness of the logic of information technology algorithms with regard to modern standards of information security.Scientific novelty: it consists in the substantiation of new trends and relevant legal approaches, which allow revealing the logic of data processing by digital and information technologies, based on the characterization of European standards of the “privacy by design” concept in new digital and information technologies of decision-making and data protection, as well as on the new legal requirements for artificial intelligence systems, including the requirement to ensure algorithmic transparency, and criteria for personal data and users' big data processing. This said, data protection is understood as a system of legal, technical and organizational principles aimed at ensuring personal data confidentiality.Practical significance: it is due to the need to study the best Russian and international practices in protecting the privacy of users of digital and information technologies, as well as the need for legislative provision of requirements for the use of algorithms that meet the principles of transparency and openness of personal data processing, taking into account the need to ensure confidentiality at all stages of the life cycle of their processing, which will ensure the continuity of security management.

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Section: Can User Data Be Protected Through Understanding the Logic O...mentioning

confidence: 99%

Section: Comparative Analysis Of the Principles Of Algorithmic Transp...mentioning

confidence: 99%

Achieving Algorithmic Transparency and Managing Risks of Data Security when Making Decisions without Human Interference: Legal Approaches

Zharova

2023

JDTL

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Concept of Development to Regulate Relations in the Field of Artificial Intelligence Technologies and Robotics: Analysis of the Main Provisions

Begishev

2020

Baikal Research Journal

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Decree of the Government of the Russian Federation No. 2129-R of August 19, 2020 approved the Concept to regulate relations in the field of artificial intelligence and robotics technologies until 2024. This document currently represents a set of legal perspectives in this area and it also defines the framework for creating a multidimensional legal platform in the field of robotics and artificial intelligence. The concept offers different ways to regulate artificial intelligence and robotics systems, in particular, it considers issues related to liability insurance for damage caused by artificial intelligence systems or robots, data exchange and personal data protection systems, problems of exporting artificial intelligence systems and robots, and so on. Analysis of the main provisions of the Concept allowed us to conclude that, given the variety of directions taken into account the document, we can say that, overall, the document is quite logical in the framework of the issue under consideration and with some refinement and additions of individual sections it may take its rightful place among similar foreign analogues.

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Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)

Краснова

2022

Psychology and Law

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The article outlines the principles of building a model designed for the legal practice of judicial review of disputes based on a psychologically oriented approach. The idea of using such a model in the context of digitalization of law enforcement activities is substantiated. The novelty and peculiarity of the proposed approach will make it possible to identify the interests of the parties to the dispute in a situation of legal uncertainty. In cases where the court is forced to understand interests subjectively due to the lack of guiding principles in legislation and legal doctrine. In the circle of scientific concepts of psychological science, it is proposed to introduce the concept of interest in the meaning necessary for the dispute resolution procedure, a working version of the definition of the concept of interest is formulated. A typology of levels and degrees of interests and a method for determining interests providing additional resources for the peaceful resolution of a family legal dispute have been developed. The possibilities of work are shown by the example of family legal relations in which, by virtue of the law, it is required to identify and justify the interests of the child or the interests of the spouse.

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Algorithms and Artificial Intelligence in the Human Rights Context

Cited by 3 publications

References 0 publications

Achieving Algorithmic Transparency and Managing Risks of Data Security when Making Decisions without Human Interference: Legal Approaches

Achieving Algorithmic Transparency and Managing Risks of Data Security when Making Decisions without Human Interference: Legal Approaches

Concept of Development to Regulate Relations in the Field of Artificial Intelligence Technologies and Robotics: Analysis of the Main Provisions

Principles of Model Construction of Psychological Analysis of Interests for Solving Problems of Algorithmization of Law Enforcement (on the Example of Family Law Disputes)

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