A matter of fundamental rights: discrimination and vulnerabilities in the algorithmic age

As datafication and automation take root in society, attention should be drawn onto the ways in which technology mediates, organises, and normalises human and social vulnerabilities. To address some of those vulnerabilities, recent legislative packages such as the DSA, the AI Act or the proposed AI Liability Directive attempt to complement existing legal tools such as fundamental rights and non-discrimination law by injecting elements of a risk-based approach into the more traditional rights-based approach to regulation. Yet, numerous critiques have addressed the shortcomings of this odd regulatory mix: the focus on product liability, with its demands for standardisation and risk management, is difficult to reconcile with the legal imperatives of fundamental rights.

In this conversation, Gianclaudio Malgieri and Raphaele Xenidis will reflect on how the concept of harm and associated regulatory schemes can foster better responses to AI-driven inequality, power imbalances and social injustices. Specific comments will refer to Prof. Malgieri and Cristiana Santos’ paper on Assessing the (Severity of) Impacts on Fundamental Rights, openly accessible on SSRN.

• Raphaële Xenidis (presenter), Assistant Professor of European Law at Sciences Po. Raphaële’s research addresses how algorithmic decision-making can perpetuate discrimination and explores the legal frameworks needed to combat negligence in AI-based systems.
• Gianclaudio Malgieri (presenter), Associate Professor of Law & Technology at Leiden University. Gianclaudio will present on the impact of AI on fundamental rights, particularly focusing on human vulnerability and the ethical considerations necessary for mitigating risks in AI governance.
• Lucas Anjos (discussant), Postdoctoral Research at Sciences Po École de droit and Coordinator of the DIGILAW Clinic.