Internet das Coisas, Decisões Automatizadas e o Direito à Explicação

Bibliographic Data

ID16923443
AuthorsPatrícia Strauss Riemenschneider (0000-0002-9024-0600, Universidade Federal do Rio Grande do Sul), Guilherme Mucelin (0000-0003-3709-6539, Universidade Federal do Rio Grande do Sul)
Year2021
Volume49
Issue1
Pages689-708
Publication date2021-09-07
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueRevista da Faculdade de Direito da Universidade Federal de Uberlândia (JOURNAL)
Journal identifiersISSN: 2177-4919 • E-ISSN: 2178-0498
PublisherPPUFU - Portal de Periódicos da Universidade Federal de Uberlândia (PUBLISHER)
DOI10.14393/rfadir-v49n1a2021-56135
OpenAlexW3196848001
LanguagePT
Citations received1
References cited5

Decisions that affect everyone's life are made based on data constantly collected by digital devices. Location data, health and leisure choices are captured and processed, to draw a "profile" of the user. The profile is then provided for free or charged, to large and small corporations. Such information is subsequently accessed by employers, for example, who can discard a candidate for a job vacancy or fire them, for not having reached the desired score. Automated decisions lead to an individual's disposal, based on numbers, graphs and algorithms. This study was divided into two parts, the first dealing with the transfer of personal data and the second dealing with the Right to Explanation. The research carried out may conclude that one of the main problems in using such decisions is that the neglected individual does not receive an explanation for why he was rejected. Thus, the objective of this article is to verify the feasibility of the right to explanation in accordance with the General Data Protection Law and related legislation, based on a deductive methodology, with a bibliographic and documentary approach

Humanities · Brazilian Legal Issues · Philosophy · Public Health in Brazil

Tools

Open DOIOpen Access