A new Council of Europe publication entitled “Algorithms and Human Rights - Study on the human rights dimension of automated data processing techniques and possible regulatory implications” has been prepared by the committee of experts on internet intermediaries (MSI-NET) of the Council of Europe.
The study identifies a number of human rights concerns triggered by the increasing role of algorithms in decision-making. Depending on the types of functions performed by algorithms and the level of abstraction and complexity of the automated processing that is used, their impact on the exercise of human rights will vary.
Who is responsible when human rights are infringed based on algorithmically-prepared decisions? The person who programmed the algorithm, the operator of the algorithm, or the human being who implemented the decision?
Is there a difference between such a decision and a human-made decision?
The expert study examines the effects of the use of algorithms on the way in which human rights are exercised and guaranteed in accordance with well-established human rights standards, including rule of law principles and judiciary processes.