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AI, algorithmic discrimination & population bias

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Algorithmic discrimination is causing real harm to people across the globe. We need to work towards a cross-jurisdictional solution, writes Dr Sebastian Smart
  • Decision-making responsibilities once entrusted to humans are now often delegated to automated systems. This may improve efficiency, but algorithmic discrimination is on the rise, leading to global concerns about fairness, equality and justice.
  • This complex area is complicated further by the diverse approaches taken by jurisdictions around the world. There is an urgent need for universally accepted definitions and frameworks.

Algorithmic discrimination has become increasingly prevalent. It is growingly common to observe cases of bias and disparity arising from algorithmic decision-making. These processes often rely on complex algorithms found in systems that impact aspects of our lives, ranging from social media algorithms to credit scoring methods, job recruitment procedures and even law enforcement practices.

The significance of understanding algorithmic discrimination is amplified in today’s digital age; decision-making responsibilities, once entrusted solely to humans, are now frequently delegated to automated systems. While algorithms offer advantages,

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

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NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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