The Data Protection Impact Assessment as a Tool to Enforce Non-Discriminatory AI
Forthcoming in Springer Proceedings of the Annual Privacy Forum (Lisbon, 2020)
20 Pages Posted: 21 May 2020
Date Written: February 1, 2020
Abstract
This paper argues that the novel tools under the General Data Protection Regulation (GDPR) may provide an effective legally binding mechanism for enforcing non-discriminatory AI systems. Building on relevant guidelines, the generic literature on impact assessments and algorithmic fairness, this paper aims to propose a specialized methodological framework for carrying out a Data Protection Impact Assessment (DPIA) to enable controllers to assess and prevent ex ante the risk to the right to non-discrimination as one of the key fundamental rights that GDPR aims to safeguard.
Keywords: EU fundamental rights, Non-discrimination, Data protection, GDPR, DPIA, Algorithmic impact assessment, Algorithmic bias, AI fairness
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