Data Protection and Judicial Automation

Eleni Kosta and Ronald E Leenes (eds), Research handbook on EU data protection (Edward Elgar Publishing forthcoming).

Posted: 9 Aug 2021

See all articles by Marco Almada

Marco Almada

European University Institute - Department of Law (LAW)

Maria Dymitruk

University of Wroclaw, Faculty of Law, Administration and Economics

Date Written: July 10, 2021

Abstract

The words “judicial automation” invoke a broad range of images, ranging from time-saving tools to decision-aiding tools or even quixotic ideas of robot judges. As the development of artificial intelligence technologies expands the range of possible automation, it also raises questions about the extent to which automation is admissible in judicial contexts and the safeguards required for the safe use of AI in judicial contexts. This chapter argues that these applications raise specific challenges for data protection law, as the use of personal data for judicial automation requires the adoption of safeguards against risks to the right to a fair trial. The chapter discusses current and proposed uses of judicial automation, identifying how they use personal data in their operation and the issues that arise from this use, such as algorithmic biases and system opacity. By connecting these issues to the safeguards required for automated decision-making and data protection by design, the chapter shows how data protection law may contribute to a fair trial in contexts of judicial automation and highlights open research questions in the interface between procedural rights and data protection.

Keywords: Automated decision-making, judiciary, data protection, fair trial, judicial automa-tion

Suggested Citation

Almada, Marco and Dymitruk, Maria, Data Protection and Judicial Automation (July 10, 2021). Eleni Kosta and Ronald E Leenes (eds), Research handbook on EU data protection (Edward Elgar Publishing forthcoming)., Available at SSRN: https://ssrn.com/abstract=3900476

Marco Almada (Contact Author)

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

Maria Dymitruk

University of Wroclaw, Faculty of Law, Administration and Economics

Plac Uniwersytecki
1
Wroclaw, dolnośląskie 50-137
Poland

HOME PAGE: http://uni.wroc.pl

Do you want regular updates from SSRN on Twitter?

Paper statistics

Abstract Views
158
PlumX Metrics