APPLICABILITY APPLICABILITY OF HUMAN RIGHTS CONTROL MECHANISMS IN ALGORITHMIC DECISION-MAKING CASES

APPLICABILITY OF HUMAN RIGHTS CONTROL MECHANISMS IN ALGORITHMIC DECISION-MAKING CASES

Resumo

 A The purpose of this paper is to address impacts of algorithmic decision-making (hereinafter: ADM) on human rights by means of human rights control mechanisms. The fundamental research question with respect to intersection between ADM and human rights compliance is whether ADM-related human rights violations can be addressed by any of the human rights control mechanisms. Existing human rights treaties were adopted in a pre-digital era but nowadays human rights exist online even more than offline. In this sphere, there is a difference in state obligations and business responsibilities while deploying ADM tools. Whereas states are at the frontline of respecting, protecting and fulfilling their human rights obligations, private entities are seemed to be free to develop and use ADM for their commercial purposes. As a result, ADM-related human rights implications do not exist in vacuum. International human rights law, both universal and regional, have resources to address some breaches resulting from ADM.