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View article: User perceptions of misgendering algorithms
User perceptions of misgendering algorithms Open
Gender classification systems (GCSs) on social media platforms, such as X (formerly Twitter), infer users’ gender for targeted advertising and personalization. However, these systems rely on binary classifications that fail to capture gend…
View article: The fundamental rights risks of countering cognitive warfare with artificial intelligence
The fundamental rights risks of countering cognitive warfare with artificial intelligence Open
This article analyses ideas to use AI-supported systems to counter ‘cognitive warfare’ and critically examines the implications of such systems for fundamental rights and values. After explicating the notion of ‘cognitive warfare’ as used …
View article: Legitimacy of investigative forensic genetic genealogy under Art. 8 ECHR
Legitimacy of investigative forensic genetic genealogy under Art. 8 ECHR Open
Investigative forensic genetic genealogy (iFGG) was successfully used in the United States to solve the Golden State Killer case in 2018 and in Sweden to solve the Linköping double-murder case in 2020. However, further use of iFGG in Swede…
View article: From liability gaps to liability overlaps: shared responsibilities and fiduciary duties in AI and other complex technologies
From liability gaps to liability overlaps: shared responsibilities and fiduciary duties in AI and other complex technologies Open
Complex technologies such as Artificial Intelligence (AI) can cause harm, raising the question of who is liable for the harm caused. Research has identified multiple liability gaps (i.e., unsatisfactory outcomes when applying existing liab…
View article: Discrimination grounds and personalised pricing: Consumer perceptions of fairness, norm alignment, legality, and trust in markets
Discrimination grounds and personalised pricing: Consumer perceptions of fairness, norm alignment, legality, and trust in markets Open
This article explores consumer perceptions of different grounds by which online prices can be personalised. We conducted a survey among Dutch consumers (n = 727) presenting them with 25 segmentation bases, drawing from legally permissible …
View article: Tell me something new: data subject rights applied to inferred data and profiles
Tell me something new: data subject rights applied to inferred data and profiles Open
Effective Protection of Fundamental Rights in a pluralist world
View article: Substantive fairness in the GDPR: Fairness Elements for Article 5.1a GDPR
Substantive fairness in the GDPR: Fairness Elements for Article 5.1a GDPR Open
According to the fairness principle in Article 5.1a of the EU General Data Protection Regulation (GDPR), data controllers must process personal data fairly. However, the GDPR fails to explain what is fairness and how it should be achieved.…
View article: A fair trial in complex technology cases: Why courts and judges need a basic understanding of complex technologies
A fair trial in complex technology cases: Why courts and judges need a basic understanding of complex technologies Open
Technology is getting increasingly complicated. If complex technologies have the potential to cause harm, people may need protection. Such legal protection is increasingly available, but it is only effective if it can also be enforced in c…
View article: The Right to Break the Law? Perfect Enforcement of the Law Using Technology Impedes the Development of Legal Systems
The Right to Break the Law? Perfect Enforcement of the Law Using Technology Impedes the Development of Legal Systems Open
Technological developments increasingly enable monitoring and steering the behavior of individuals. Enforcement of the law by means of technology can be much more effective and pervasive than enforcement by humans, such as law enforcement …
View article: Fair and equitable AI in biomedical research and healthcare: Social science perspectives
Fair and equitable AI in biomedical research and healthcare: Social science perspectives Open
Artificial intelligence (AI) offers opportunities but also challenges for biomedical research and healthcare. This position paper shares the results of the international conference "Fair medicine and AI" (online 3-5 March 2021). Scholars f…
View article: Reconsidering discrimination grounds in the data economy: An EU comparison of national constitutions
Reconsidering discrimination grounds in the data economy: An EU comparison of national constitutions Open
The principle of equal treatment (i.e., all people have the right to be treated equally) is protected by non-discrimination provisions in national constitutions across the EU as well as the EU Charter of Fundamental Rights (CFEU). These pr…