Katarina Foss-Solbrekk will be presenting on the panel, ‘Algorithmic Transparency and State Power’, at The Information Law and Policy Centre (ILPC) Annual Conference 2020 - AI and the Rule of Law: Regulation and Ethics. The title of her talk is 'Algorithmic Disclosures Under EU Law'.


Algorithms have permeated into most decision-making processes, and now underpin the central infrastructure of society where their calculations influence current events, as well as future ones. But when, why and how such decisions are reached is shielded under trade secrecy laws, creating one type of ‘black-box’. This IP black-box allows vendors to effectively escape regulation, withhold crucial evidence in court proceedings and elude accountability, whether intentionally or unintentionally. This necessitates greater transparency, as well as more attention to how the IP framework may be adapted to this new age of AI. There are several ways in which algorithmic disclosure under EU law may be accomplished. Invoking Article 1(2) of the EU Trade Secret Directive, which permits disclosures on public interest grounds may facilitate algorithmic disclosures, as the Court of Justice of the EU continuously recognises transparency, and the public’s interest in accessing information, as being one such ground. Other avenues include rights under administrative laws, which accord individuals with the right to access public documents and the right to reasons behind decisions, as well as the rights under the General Data Protection Regulation, which lay a strong basis for greater insight to algorithmic information. Finally, the fundamental human right to obtain an effective remedy and a fair trial represents another avenue, and potentially the most promising one.

More information is available here: https://infolawcentre.blogs.sas.ac.uk/2020/08/06/ilpc-annual-lecture-and-conference-2020-ai-and-the-rule-of-law-regulation-and-ethics/