International Human Rights Law as a Framework for Algorithmic Accountability

Bibliographic Data

ID9933877
AuthorsLorna McGregor (Australian Human Rights Commission), Daragh Murray (0000-0002-3891-9130, Physicians for Human Rights), Vivian Ng (0000-0002-7293-2312, Australian Human Rights Commission, corresponding author)
Year2019
Volume68
Issue2
Pages309-343
Publication date2019-04-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational and Comparative Law Quarterly (JOURNAL)
Journal identifiersISSN: 0020-5893 • E-ISSN: 1471-6895
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0020589319000046
OpenAlexW2940105172
LanguageEN
Citations received29
References cited6

Existing approaches to ‘algorithmic accountability’, such as transparency, provide an important baseline, but are insufficient to address the (potential) harm to human rights caused by the use of algorithms in decision-making. In order to effectively address the impact on human rights, we argue that a framework that sets out a shared understanding and means of assessing harm; is capable of dealing with multiple actors and different forms of responsibility; and applies across the full algorithmic life cycle, from conception to deployment, is needed. While generally overlooked in debates on algorithmic accountability, in this article, we suggest that international human rights law already provides this framework. We apply this framework to illustrate the effect it has on the choices to employ algorithms in decision-making in the first place and the safeguards required. While our analysis indicates that in some circumstances, the use of algorithms may be restricted, we argue that these findings are not ‘anti-innovation’ but rather appropriate checks and balances to ensure that algorithms contribute to society, while safeguarding against risks

Accountability · Baseline (sea · Business · Harm · Human rights · Law and economics · Order (exchange · Political science · Safeguarding · Sociology · Software deployment · Transparency (behavior · Blockchain Technology Applications and Security · Computer Science · Ethics and Social Impacts of AI · Law · Privacy, Security, and Data Protection

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Open DOISci-HubOpen Access