Právo na odôvodnené rozhodnutie a algoritmizácia rozhodovacích systémov
|Článek v odborném periodiku
|Časopis / Zdroj
|Fakulta / Pracoviště MU
|automatizácia; právo na spravodlivý proces; odôvodnené rozhodnutie; GDPR; algoritmizácia spravodlivosti
|One of the essential elements, not only of judicial decisions, but in fact of any public decision, is the statement of reasons. Such reasoning must meet certain standards, and failure to do so may lead to at least the creation of scope for challenging such a decision, and at worse to a violation of the right to a fair trial. This thesis will address the question of what minimum standard exists for justifications and in what decisions, and whether it can be met in algorithmic decision making without human intervention, considering, among other things, the technical complication presented by the algorithmic black box problem. The article is based on the Constitutional Court's ruling II Constitutional Court 2522/19 and the ECtHR's ruling in Paradiso and Campinelli v. Italy - judgments which are mutually related and which also mention automated decision-making as inadmissible, a conclusion which this article seeks to refute. Last but not least, the result will be confronted with Article 22 GDPR, or primarily with the French and Hungarian regulation, which extends the right of explanation (right of intelligibility) to the subject.