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Algorithms, apps & artificial intelligence 2: Can data protection laws be used to challenge discriminatory tech?


New paper from Cloisters’ Robin Allen QC and Dee Masters examining discriminatory technology.

In our first piece, which we initially published in November 2017, we explored the interplay between technology and the Equality Act 2010 (‘EA 2010’) concluding that algorithms, apps and artificial intelligence (‘AI’) have the potential to give rise to claims for direct discrimination, indirect discrimination, harassment and a failure to make reasonable adjustments. We proposed various ways in which companies that deploy technology could protect themselves from litigation.

Here, we will examine a new angle to this debate which is the possibility of using data protection laws, specifically the General Data Protection Regulation (‘GDPR’) and the Data Protection Act 2018 (‘DPA 2018’), to stop and expose biased algorithms, machine learning and the tainted data which can give rise to breaches of the EA 2010.

Read the full paper here.

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