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NLJ this week: The relentless creep of algorithmic discrimination

03 May 2024
Issue: 8069 / Categories: Legal News , Profession , Artificial intelligence , Technology , Bias , Human rights
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Algorithmic discrimination is on the rise and it’s a serious problem, writes Dr Sebastian Smart in this week’s NLJ. It’s a fascinating insight into a global phenomenon

Smart argues that we need to work towards cross-jurisdictional solutions such as universally accepted definitions and frameworks.

Smart, a research fellow at Anglia Ruskin University’s Centre for Access to Justice and Inclusion, explains how algorithmic discrimination can occur, what damage it can cause, and how different jurisdictions across the world have widely differing approaches to regulation.

He notes that the ‘Post Office Horizon scandal has highlighted the extensive damage that can occur when technology is misapplied’. Yet ‘cases of bias and disparity arising from algorithmic decision-making’ are increasingly frequent. Smart writes: ‘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.’

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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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