Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree
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Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law : Or Why the Law is Not a Decision Tree. / Weerts, Hilde; Xenidis, Raphaële; Tarissan, Fabien; Olsen, Henrik Palmer; Pechenizkiy, Mykola.
I: CEUR Workshop Proceedings, Bind 3442, 2023, s. 805-816.Publikation: Bidrag til tidsskrift › Konferenceartikel › Forskning › fagfællebedømt
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TY - GEN
T1 - Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law
T2 - 2nd European Workshop on Algorithmic Fairness, EWAF 2023
AU - Weerts, Hilde
AU - Xenidis, Raphaële
AU - Tarissan, Fabien
AU - Olsen, Henrik Palmer
AU - Pechenizkiy, Mykola
N1 - Publisher Copyright: © 2023 Copyright for this paper by its authors.
PY - 2023
Y1 - 2023
N2 - Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one hand, and legal notions of discrimination and equality on the other, is often unclear, leading to misunderstandings between computer science and law. In this paper, we aim to illustrate to what extent European Union (EU) non-discrimination law coincides with notions of algorithmic fairness proposed in computer science literature and where they differ. Ultimately, we show that metaphors depicting the law as a decision tree are misguiding. We suggest moving away from asking what should be equal, and towards asking why a particular distribution of burdens and benefits is right in a given context.
AB - Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one hand, and legal notions of discrimination and equality on the other, is often unclear, leading to misunderstandings between computer science and law. In this paper, we aim to illustrate to what extent European Union (EU) non-discrimination law coincides with notions of algorithmic fairness proposed in computer science literature and where they differ. Ultimately, we show that metaphors depicting the law as a decision tree are misguiding. We suggest moving away from asking what should be equal, and towards asking why a particular distribution of burdens and benefits is right in a given context.
KW - discrimination
KW - EU law
KW - fairness metrics
KW - legal compliance
KW - technical interventions
U2 - 10.1145/3593013.3594044
DO - 10.1145/3593013.3594044
M3 - Conference article
AN - SCOPUS:85168314750
VL - 3442
SP - 805
EP - 816
JO - CEUR Workshop Proceedings
JF - CEUR Workshop Proceedings
SN - 1613-0073
Y2 - 7 June 2023 through 9 June 2023
ER -
ID: 368339842