Dyskryminacja algorytmiczna w Polsce i możliwości przeciwdziałania jej na podstawie obowiązujących regulacji prawnych
Algorithmic Discrimination in Poland and the Possibilities of Counteracting It on the Basis of Existing Regulations

Author(s): Anna Cybulko
Subject(s): Gender Studies, Sociology
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: personal data; algorithmic discrimination; GDPR; artificial intelligence; use of algorithms
Summary/Abstract: The article is devoted to the subject of algorithmic discrimination and available legal tools for counteracting it. The author shows that current Polish legislation is inadequate to deal with the challenges created by algorithmic discrimination. Cybulko begins from a discussion of selected areas of algorithmic application which may lead to gender discrimination: labor market, education, finance, social welfare and judiciary system. Particular attention is paid to automatic decision-making mechanisms in this context. The paper analyses the possibilities of counteracting algorithmic discrimination with anti-discrimination law and civil law provisions which protect personal rights. GDPR regulations are also discussed as an instrument that supports both the prevention and combating of algorithmic discrimination. Among the basic problems of using legal tools for counteracting discrimination and pursuing claims related to it, the author lists the limited scope of anti-discrimination law, the commonness of situations in which the use of an algorithm does not constitute an actionable solution, and the necessity to pursue claims individually, even in the case of discrimination against a large group of recipients. Difficulties with recognizing the occurrence of discrimination and defining its criterion, identifying the addressee of a claim and defining the moment of occurrence of a violation in the context of provisions that define the rules of limitation are also discussed. Finally, author’s conclusions and de lege ferenda postulates are presented.

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