Encoding Inequality: The Case for Greater Regulation of Artificial Intelligence and Automated Decision Making in New Zealand

46 Pages Posted: 30 Mar 2020

See all articles by Ella Brownlie

Ella Brownlie

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: September 2, 2019

Abstract

Automated decision making systems, developed using artificial intelligence and machine learning processes, are being used by companies, organisations and governments with increasing frequency. The purpose of this article is to outline the urgent case for regulating automated decision making and examine the possible options for regulation. This article will argue that New Zealand’s current approach to regulating decision making is inadequate. It will then turn to an analysis of Article 22 of the European Union’s General Data Protection Regulation, concluding that this regime also has some significant flaws. Finally, this paper will propose an alternative regulatory solution to address the novel challenge posed by automated decision making. This solution aims to strike a balance between the interests of organisations in capitalising on the benefits of automatic decision making technology, and the interests of individuals in ensuring that their right to freedom from discrimination is upheld.

Keywords: automated decision making, artificial intelligence, GDPR, regulating

JEL Classification: K00, K2, K23

Suggested Citation

Brownlie, Ella, Encoding Inequality: The Case for Greater Regulation of Artificial Intelligence and Automated Decision Making in New Zealand (September 2, 2019). Victoria University of Wellington Legal Research Paper No. 8/2020, Available at SSRN: https://ssrn.com/abstract=3563887 or http://dx.doi.org/10.2139/ssrn.3563887

Ella Brownlie (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni

PO Box 600
Wellington, Victoria 6140
New Zealand

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