Posibilidades actuales y futuras para la regulación de la discriminación producida por algoritmos

Resumen

The growing use of algorithms in all kinds of decision-making processes has brought to light the risks that recent developments in automated systems pose for the fundamental rights of individuals as well as other basic pillars of democratic states. This thesis mainly focuses on the risks that algorithms generate for the rights to equality and non-discrimination of members of historically disadvantaged groups. The dissertation analyses the ways in which the current EU framework for the protection of equality and non-discrimination can address the risks and harms caused by algorithms to said rights as well as the shortcomings and limitations of this framework in dealing with the specific phenomenon of algorithmic discrimination. In addition, considering the importance that data protection rules and regulations have had in addressing recently developed data processing technologies, this thesis also analyses the way in which the EU data protection legal framework aims to address the different problems generated by algorithmic decision-making. The shortcomings of regulatory strategies built from the perspective of informational privacy are also . Finally, the dissertation draws a series of brief proposals aimed towards establishing a regulatory system that ensures the control and accountability of algorithms.