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AI and the Law

Episode 5 - AI and the Law Podcast: AI and discrimination

Jul 5, 2023
Professor Catherine Barnard, Professor of EU and Employment Law at the University of Cambridge, discusses discrimination claims in the context of AI. They explore existing case law on algorithmic determinations and potential defences and liability by companies. They also discuss the new proposal for an EU Platform Work directive and regulation of algorithmic performance measures.
23:39

Podcast summary created with Snipd AI

Quick takeaways

  • AI decision-making can lead to discrimination in various ways, such as facial recognition software inaccurately identifying people with black skin, resulting in unfair treatment.
  • It is important to understand direct and indirect discrimination in the context of AI, recognizing the different types of discrimination and corresponding legal defenses to combat AI-based discrimination effectively.

Deep dives

AI and Discrimination

AI decision-making can lead to discrimination in various ways. For instance, facial recognition software has been found to have difficulty accurately identifying people with black skin, which can result in unfair treatment, such as denying boarding passes or wrongful arrests. Similarly, in the EU settlement scheme, the use of AI to determine eligibility may discriminate against individuals with irregular employment patterns or from low-income backgrounds. Another example is in money lending or mortgages, where AI-based decisions could discriminate against those who are not married but in civil partnerships. It is crucial to examine how AI decision-making intersects with discrimination law and the challenges it poses.

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