Automated Decision Making And Effective Remedies

This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection

Managerial Decision Making with Technology.

The book presents observations concerning automated decision-making from a general point of view at the same time as it analyses the manner in which praxis in some jurisdictions has evolved as concerns automated decision-making and how the requirements that are placed by the legal orders on it are formulated. The principle of the rule of law should apply in the context of automated decision-making of public authorities just as much as when the decision-makers are physical persons. In sync with increasing automatization of decision-making in public authorities, problematizing questions about the appropriate legal basis for algorithmic decision-making have started emerge. How should the principle of the rule of law apply within the area of automated decision-making, how should automated decision-making be regulated so that it satisfies the requirements created by the principle of the rule of law, and how should the principle of the rule of law be made concrete in decision-making that is based on algorithms? The proposal for an AI Act launched by the European Commission in April 2021, including an identification of high-risk uses of algorithmic techniques, raises further questions concerning practices and interpretations related to automated decision-making. The state based on the rule of law proceeds from the maxim that public powers are exercised within a legal frame that makes the exercise of public powers foreseeable in light of legal norms. Also, a state based on the rule of law requires that the contents of the exercise of public powers is regulated by legal norms, which means that the citizens must be able to know everything that is relevant about how the powers will be exercised, not only who it is that will exercise the powers. Because of rules and principles of this kind, including non-discrimination and proportionality, the exercise of powers will not become arbitrary.

Identifying a pattern of risky experimentation with automated systems in the Home Office, this book outlines precautionary measures that are essential to ensure that society benefits from government automation without exposing individuals to unacceptable risks.

This study describes the Schengen Information System and its implementation in France, Germany, and the Netherlands, and the availability of effective remedies for third-country nationals.

This new edition sets out an account of EU law that includes not only that law's established features, but captures its development in recent years and the challenges facing the European Union. With dedicated new chapters on climate change, data protection, free movement of capital, and the EU's relations with other European States, topics such as the Union's response to covid-19 and the Ukraine crisis are addressed in detail. As with previous editions, the new edition integrates case law, legislation, academic materials and wider policy contributions in a way that broadens students' understanding of the law and prompts greater critical reflection on the limits, challenges, and possibilities of EU law. It seeks to set out EU law not so much as a series of laws to be learned but as something that stimulates heavy debate about some of the most contentious and significant issues of our time.

This book examines the role of international law in securing privacy and data protection in the digital age. Driven mainly by the transnational nature of privacy threats involving private actors as well as States, calls are increasingly made for an âinternationalâ privacy framework to meet these challenges. Mapped against a flurry of global privacy initiatives, the book provides the first comprehensive analysis of the extent to which and whether international law attends to the complexities of upholding digital privacy. The book starts by exploring boundaries of international privacy law in upholding privacy and data protection in the digital ecosystem where threats to privacy are increasingly transnational, sophisticated and privatized. It then explores the potential of global privacy initiatives, namely Internet bills of rights, universalization of regional systems of data privacy protection, and the multi-level privacy discourse at the United Nations, in reimagining the normative contours of international privacy law. Having shown limitations of global privacy initiatives, the book proposes a pragmatic approach that could make international privacy law better-equipped in the digital age.