Algorithmic inequalities

conductas de alto riesgo para los derechos humanos

Abstract

 This article proposes an analysis of the inequalities that arise from or are reinforced using artificial intelligence models that find one of their main justifications in the principle of predictive accuracy, and some of the replies that can be expected from the legal system to deal with them. The approach to this issue has mainly been through the right to privacy and data protection, on the one hand, or the development of ethical codes, on the other. Here I adopt two different perspectives. First, the risk approach offers a framework in which the European regulation of artificial intelligence has recently been situated from a regulatory point of view. It examines the obligations linked to practices considered high-risk. Second, the perspective of anti-discrimination law; the potential and limits of this area of Law. The aim of this article is to show that the capacity of anti-discrimination law to respond to the most controversial practices of algorithmic models, it must overcome the binary vision of antidiscrimination theory and be interpreted as a legal theory oriented to transform social reality.