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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

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
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The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
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