1. SETTING THE FRAMEWORK FOR ACCOUNTABILITY FOR ALGORITHMIC DISCRIMINATION AT WORK
- Author
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Blackham, Alysia
- Subjects
Privacy, Right of -- Laws, regulations and rules ,Data security -- Laws, regulations and rules ,Employment discrimination -- Laws, regulations and rules ,Decision support systems -- Laws, regulations and rules ,Human rights -- Laws, regulations and rules ,Equality before the law -- Laws, regulations and rules ,Government regulation ,Data security issue ,Decision support software ,Law ,Australia. Fair Work Act 2009 - Abstract
Algorithmic discrimination represents a growing challenge for equality law. While the elimination of discrimination in employment and occupation is a fundamental obligation of International Labour Organization members, Australian equality law remains ill-adapted to respond to emerging risks. This article argues that the automated application of machine learning algorithms presents five critical challenges to equality law related to the scale of data used; their speed and scale of application; lack of transparency; growth in employer control; and the complex supply chain associated with digital technologies. Considering principles from privacy and data protection law, third-party and accessorial liability, and collective solutions, this article puts forward reforms and suggestions to better set the framework for accountability for algorithmic discrimination in the workplace., I Introduction II Algorithms, Discrimination and the Workplace III Towards a Framework for Accountability A Privacy Law and Data Protection B Limits of Privacy Law C Third-Party and Accessorial Liability [...]
- Published
- 2023