Response to Autoriteit Persoonsgegevens (Dutch DPA) Consultation on 'Meaningful Human Intervention'

Abstract

This document was submitted in response to the Dutch Data Protection Authority's (Autoriteit Persoonsgegevens) consultation on meaningful human intervention in algorithmic decision-making. 

Feedback was provided to the Dutch DPA on a draft document being developed to enable organisations to set up and ensure meaningful human intervention where algorithmic decision-making techniques are deployed - so as to prevent contravention of Art. 22 GDPR (prohibition on solely automated decision-making) and to protect data subject rights. Details (including the consultation document) are available here.

Feedback in this document is separated into three categories: 1. Language concerns re: the English document; 2. Substantive comments on the content of the document; 3. Significant omissions made in the design of the document (with a specific focus on the ability of data subjects to challenge algorithmic decisions, and associated procedures). 

Feedback focuses on: 1. The need for greater, pro-active, consideration of appropriate designation and use of discretionary authority, including the need for decsion-making rules and principles to be agreed ahead of implementation on a collaborative basis between designers, 'assessors' and policymakers; and 2. The need for greater empowerment of both the assessors of algorithmic outputs, and affected data subjects who ought to be able to have clear routes to participation in the decision-making process.

Keywords: Algorithmic Decision-Making, Human Oversight, Discretion, Human in the Loop, Data Protection