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DTSTAMP:20260726T114659Z
SUMMARY:Bridging the Gap Between EU Non-Discrimination Law and AI
DESCRIPTION:Why Fairness Cannot Be Automated: Bridging the Gap Between EU N
 on-Discrimination Law and AI Fairness and discrimination in algorithmic sy
 stems is globally recognised as a topic of critical importance. To date\, 
 a majority of work has started from an American regulatory perspective def
 ined by the notions of ‘disparate treatment’ and ‘disparate impact
 ’. European legal notions of discrimination are not\, however\, equivale
 nt. In this talk I will examine EU law and jurisprudence of the European C
 ourt of Justice concerning non-discrimination. I will identify a critical 
 incompatibility between European notions of discrimination and existing wo
 rk on algorithmic and automated fairness. Algorithms are not similarly to 
 human decision-making\; they operate at speeds\, scale and levels of compl
 exity that defy human understanding\, group and act upon classes of people
  that do not resemble historically protected groups\, and do so without po
 tential victims ever being aware of the scope and effects of decision-maki
 ng. As a result\, individuals may never be aware they have been disadvanta
 ged and thus lack a starting point to raise a claim. A clear gap exists be
 tween statistical measures of fairness and the context-sensitive\, often i
 ntuitive and ambiguous discrimination metrics and evidential requirements 
 historically used by the Court. The talk will focus on three contributions
 . First\, I review the evidential requirements to bring a claim under EU n
 on-discrimination law. Due to the disparate nature of algorithmic and huma
 n discrimination\, the EU’s current requirements are not fit to be autom
 ated. Second\, I show that automating fairness or non-discrimination in Eu
 rope may be impossible because the law does not provide a static or homoge
 nous framework. Finally\, I propose a statistical test as a baseline to id
 entify and assess potential cases of algorithmic discrimination in Europe.
  Adoption of this statistical test will help push forward academic and pol
 icy debates around scalable solutions for fairness and non-discrimination 
 in automated systems in Europe.
DTSTART;TZID=Europe/Berlin:20200610T130000
DTEND;TZID=Europe/Berlin:20200610T140000
LOCATION:1 St Giles \, Oxford (Großbritannien und Nordirland) 
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DESCRIPTION:Bridging the Gap Between EU Non-Discrimination Law and AI
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