Thursday, January 17, 2019
Jamie Grace (Sheffield Hallam University) has posted Human Rights, Regulation and the Right to Restrictions on Algorithmic Police Intelligence Analysis Tools in the UK on SSRN. Here is the abstract:
The deployment of machine-learning technologies around decision-making and decision-support contexts in UK policing raises some new, and in some ways some very familiar, human rights issues. This paper discusses the extent to which Part 3 of the Data Protection Act 2018 offers scope for the judicial review of the design or control of an algorithmic police intelligence analysis tool (an APIAT) to be used in the UK criminal justice context. This discussion is centred around key considerations of the right to restriction of law enforcement processing (of data points in an algorithm) where the data processing may lead to 'inaccuracy' that is misleading - and which in turn might lead to errors in the treatment of a data subject in the justice system that may be a breach, not just of data protection rights, but of fundamental human rights, as a result.