Type: Contribution to book
Data protection and judicial automation
Eleni KOSTA and Ronald LEENES (eds), Research handbook on EU data protection, Cheltenham ; Massachusetts : Edward Elgar, 2022, Research Handbooks in European Law series, pp. 270-289
LASMAR ALMADA, Marco Antonio, DYMITRUK, Maria, Data protection and judicial automation, in Eleni KOSTA and Ronald LEENES (eds), Research handbook on EU data protection, Cheltenham ; Massachusetts : Edward Elgar, 2022, Research Handbooks in European Law series, pp. 270-289 - http://hdl.handle.net/1814/74443
Retrieved from Cadmus, EUI Research Repository
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.
Cadmus permanent link: http://hdl.handle.net/1814/74443
Full-text via DOI: 10.4337/9781800371682
Publisher: Edward Elgar
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