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Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of…

Computers and Society · Computer Science 2023-05-26 Hilde Weerts , Raphaële Xenidis , Fabien Tarissan , Henrik Palmer Olsen , Mykola Pechenizkiy

What constitutes a fair decision? This question is not only difficult for humans but becomes more challenging when Artificial Intelligence (AI) models are used. In light of discriminatory algorithmic behaviors, the EU has recently passed…

Machine Learning · Computer Science 2026-01-23 Kristof Meding

The short paper discusses algorithmic fairness by focusing on non-discrimination and a few important laws in the European Union (EU). In addition to the EU laws addressing discrimination explicitly, the discussion is based on the EU's…

Computers and Society · Computer Science 2024-12-24 Jukka Ruohonen

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten…

Computers and Society · Computer Science 2025-10-06 Frederik J. Zuiderveen Borgesius

Our society can benefit immensely from algorithmic decision-making and similar types of artificial intelligence. But algorithmic decision-making can also have discriminatory effects. This paper examines that problem, using online price…

Computers and Society · Computer Science 2025-09-30 Frederik Zuiderveen Borgesius

Algorithmic decision-making and similar types of artificial intelligence (AI) may lead to improvements in all sectors of society, but can also have discriminatory effects. While current non-discrimination law offers people some protection,…

Computers and Society · Computer Science 2025-09-12 Janneke Gerards , Frederik Zuiderveen Borgesius

With the increasing use of AI in algorithmic decision making (e.g. based on neural networks), the question arises how bias can be excluded or mitigated. There are some promising approaches, but many of them are based on a "fair" ground…

Computers and Society · Computer Science 2021-08-31 Marc P Hauer , Johannes Kevekordes , Maryam Amir Haeri

Increasingly, scholars seek to integrate legal and technological insights to combat bias in AI systems. In recent years, many different definitions for ensuring non-discrimination in algorithmic decision systems have been put forward. In…

Computers and Society · Computer Science 2020-10-16 Philip Hacker , Emil Wiedemann , Meike Zehlike

The topic of fairness in AI, as debated in the FATE (Fairness, Accountability, Transparency, and Ethics in AI) communities, has sparked meaningful discussions in the past years. However, from a legal perspective, particularly from the…

Artificial Intelligence · Computer Science 2024-06-27 Luca Deck , Jan-Laurin Müller , Conradin Braun , Domenique Zipperling , Niklas Kühl

This article identifies a critical incompatibility between European notions of discrimination and existing statistical measures of fairness. First, we review the evidential requirements to bring a claim under EU non-discrimination law. Due…

Artificial Intelligence · Computer Science 2020-05-13 Sandra Wachter , Brent Mittelstadt , Chris Russell

Empirical evidence suggests that algorithmic decisions driven by Machine Learning (ML) techniques threaten to discriminate against legally protected groups or create new sources of unfairness. This work supports the contextual approach to…

Computers and Society · Computer Science 2023-06-16 Lisa Koutsoviti Koumeri , Magali Legast , Yasaman Yousefi , Koen Vanhoof , Axel Legay , Christoph Schommer

In this paper we examine algorithmic fairness from the perspective of law aiming to identify best practices and strategies for the specification and adoption of fairness definitions and algorithms in real-world systems and use cases. We…

Computers and Society · Computer Science 2024-05-01 Giorgos Giannopoulos , Maria Psalla , Loukas Kavouras , Dimitris Sacharidis , Jakub Marecek , German M Matilla , Ioannis Emiris

Employers are adopting algorithmic hiring technology throughout the recruitment pipeline. Algorithmic fairness is especially applicable in this domain due to its high stakes and structural inequalities. Unfortunately, most work in this…

Combining big data and machine learning algorithms, the power of automatic decision tools induces as much hope as fear. Many recently enacted European legislation (GDPR) and French laws attempt to regulate the use of these tools. Leaving…

Other Statistics · Statistics 2018-10-04 Philippe Besse , Celine Castets-Renard , Aurelien Garivier , Jean-Michel Loubes

This brief paper provides an introduction to non-discrimination law in Europe. It answers the questions: What are the key characteristics of non-discrimination law in Europe, and how do the different statutes relate to one another? Our main…

Computers and Society · Computer Science 2024-04-18 Frederik Zuiderveen Borgesius , Nina Baranowska , Philipp Hacker , Alessandro Fabris

The law forbids discrimination. But the ambiguity of human decision-making often makes it extraordinarily hard for the legal system to know whether anyone has actually discriminated. To understand how algorithms affect discrimination, we…

Computers and Society · Computer Science 2019-02-12 Jon Kleinberg , Jens Ludwig , Sendhil Mullainathan , Cass R. Sunstein

With increasing digitalization, Artificial Intelligence (AI) is becoming ubiquitous. AI-based systems to identify, optimize, automate, and scale solutions to complex economic and societal problems are being proposed and implemented. This…

Artificial Intelligence (AI) is increasingly used to make important decisions about people. While issues of AI bias and proxy discrimination are well explored, less focus has been paid to the harms created by profiling based on groups that…

Computers and Society · Computer Science 2022-05-04 Sandra Wachter

Artificial intelligence is not only increasingly used in business and administration contexts, but a race for its regulation is also underway, with the EU spearheading the efforts. Contrary to existing literature, this article suggests,…

Computers and Society · Computer Science 2023-08-25 Philipp Hacker , Johann Cordes , Janina Rochon

Algorithmic discrimination is a critical concern as machine learning models are used in high-stakes decision-making in legally protected contexts. Although substantial research on algorithmic bias and discrimination has led to the…

Computers and Society · Computer Science 2025-06-18 Holli Sargeant , Måns Magnusson
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