Fundamental Rights and the Rule of Law in the Algorithmic Society

Simoncini, Andrea; Longo, Erik

doi:10.1017/9781108914857.003

Cited by 6 publications

(2 citation statements)

References 4 publications

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“…From the perspective of LEAs, this represents a "practical convenience" (Simoncini & Longo, 2021) in the use of data and FRTs that they hardly want to relinquish.…”

Section: -18)mentioning

confidence: 99%

Your face is not new to me – Regulating the surveillance power of facial recognition technologies

Mobilio¹

2023

Internet Policy Review

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Facial recognition technologies (FRTs) represent one of the cutting-edge applications of artificial intelligence and big data for surveillance purposes. The uses of these biometric technologies are widespread in our cities. However, they may result in serious abuses against the rights of people and minorities, or even in new kinds of mass surveillance. The article focuses on "real-time" and "live" use by law enforcement authorities, one of the most discussed deployments of FRTs. The analysis addresses, from a constitutional point of view, whether banning these technologies is inevitable, or whether it is possible to regulate them in a way that allows their use while protecting the fundamental rights at stake and preserving democratic order and the rule of law. The principle of proportionality is the standard for defining appropriate regulatory measures. The article starts off by providing an overview of how FRTs work and some of the consequent ethical, technical, societal and legal concerns that arise. It then provides a critical analysis of EU data protection legislation and the AI Act proposal to examine their strengths and shortcomings in addressing the proportionate use of FRTs. Issue 1This paper is part of Future-proofing the city: A human rights-based approach to governing algorithmic, biometric and smart city technologies, a special issue of Internet Policy Review guest-edited by Alina Wernick and Anna Artyushina.

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“…From the perspective of LEAs, this represents a "practical convenience" (Simoncini & Longo, 2021) in the use of data and FRTs that they hardly want to relinquish.…”

Section: -18)mentioning

confidence: 99%

Your face is not new to me – Regulating the surveillance power of facial recognition technologies

Mobilio¹

2023

Internet Policy Review

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“…This is not just a formal aspect, but the effectiveness of an administrative rule (or decision) that provides rights depends on the actual exploitability of the information or enforceability 56 of the protection. 59 Not only a decision must be proportional but also perceived as such as to reach its effectiveness. When it comes to open data, in the view of the author, there are two important first issues to consider: interoperability and participation.…”

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confidence: 99%

Open Data and Composite Procedures: Strengthen the Quality and the Effectiveness of Administrative Activity

Monica

2024

Auc Iuridica

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Open data allows new experiments in administration, both in terms of activities and organisation. In terms of composite procedures, open data can serve many public interests in new ways, leading to faster and more accurate decision-making (already at the preparatory level), while it remains difficult to ensure effective judicial protection for individuals in shared administration between the EU and the Member States. In this context, procedural guarantees at the decision-making stage should not be neglected, even more if we consider the EU public administration as a platform, offering data as services, exchanging information and data, cooperating, and competing with public and private actors. Relying on the power of data, however, requires resilient rules, based on EU principles as to assure the rule of law, and able to cope with the challenges of the digital transition, as to ensure the “effectiveness” of administrative activities implementing EU law in each Member State.

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Stakeholder Engagement in EU Digital Platform Regulations: Ways Forward and Persisting Gaps

Schneider

2024

European Union and Its Neighbours in a Globalized World

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Fundamental Rights and the Rule of Law in the Algorithmic Society

Cited by 6 publications

References 4 publications

Your face is not new to me – Regulating the surveillance power of facial recognition technologies

Your face is not new to me – Regulating the surveillance power of facial recognition technologies

Open Data and Composite Procedures: Strengthen the Quality and the Effectiveness of Administrative Activity

Stakeholder Engagement in EU Digital Platform Regulations: Ways Forward and Persisting Gaps

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