TY - CHAP

T1 - Transparency of Algorithmic Decision-Making

T2 - Limits Posed by IPRs and Trade Secrets

AU - Kokoulina, Olga

PY - 2023

Y1 - 2023

N2 - Today, algorithms are assuming a leading role in various areas of decision-making. Prompted by a promise to provide increased economic efficiency and fuel solutions for pressing societal challenges, algorithmic decision-making (“ADM”) is often celebrated as an impartial and constructive substitute for human adjudication. But in the face of this implied objectivity and efficiency, the application of algorithms is also marred with mounting concerns about embedded biases, discrimination, and exclusion. Transparency as a figure of accountability and a measure of compliance needs to be effective. As this contribution shows, however, uncertain contours of IP and trade secret protection might frustrate this goal. Through examples of several data subjects’ rights, it demonstrates that trade secrets in particular pose a particular challenge to the proposed transparency. The ADM context has drawn much attention owing to the great consequential impact it has on our everyday lives. However, it seems to merely amplify the embedded challenge of defining the scope of trade secrecy protection in principle. Whereas the CJEU is expected to offer some guidance with regard to Art.22 and the extent of the information to be disclosed, it appears that a thorny question of trade secrets and data access extends much beyond.

AB - Today, algorithms are assuming a leading role in various areas of decision-making. Prompted by a promise to provide increased economic efficiency and fuel solutions for pressing societal challenges, algorithmic decision-making (“ADM”) is often celebrated as an impartial and constructive substitute for human adjudication. But in the face of this implied objectivity and efficiency, the application of algorithms is also marred with mounting concerns about embedded biases, discrimination, and exclusion. Transparency as a figure of accountability and a measure of compliance needs to be effective. As this contribution shows, however, uncertain contours of IP and trade secret protection might frustrate this goal. Through examples of several data subjects’ rights, it demonstrates that trade secrets in particular pose a particular challenge to the proposed transparency. The ADM context has drawn much attention owing to the great consequential impact it has on our everyday lives. However, it seems to merely amplify the embedded challenge of defining the scope of trade secrecy protection in principle. Whereas the CJEU is expected to offer some guidance with regard to Art.22 and the extent of the information to be disclosed, it appears that a thorny question of trade secrets and data access extends much beyond.

U2 - 10.4337/9781035311460.00007

DO - 10.4337/9781035311460.00007

M3 - Book chapter

SN - 9781035311453

T3 - ATRIP Intellectual Property series

SP - 28

EP - 56

BT - The Exploitation of Intellectual Property Rights

A2 - Schovsbo, Jens

PB - Edward Elgar Publishing

ER -