THE PROHIBITION OF AUTOMATED DECISION-MAKING BASED ON DIGITAL PROFILING

Abstract

Contextualization: Artificial intelligence (AI) generates, produces, entails and represents challenges for human rights, such that it must establish an “alignment” with them, and intelligent systems cannot interfere with human dignity. For this reason, the fi nal manipulation and operation of AI processes must rely on people (especially when the results directly impact on freedoms), and – ultimately – “the human dimension” must be present in the decision-making process, and in the assessment of complaints in situations of human rights violations.

Objectives: The aim of this research is to identify which fundamental rights can be aff ected by smart technologies, analyzing the uses of these technologies and their impact on human rights, on one hand, and the need to delimit their content by defi ning guarantees, on the other.

Methodology: The research used the inductive method allied with the inductive logic base to express the results.

Result: From our point of view, the prohibition studied does not cover all the automation of administrative and/or judicial decisions through the use of AI in the framework of a prior procedure carried out by the Public Administration or the Judiciary, in the exercise of public powers.