THE ROLE OF PRIVACY IN THE ESTABLISHMENT OF THE RIGHT NOT TO BE SUBJECT TO AUTOMATED DECISION-MAKING
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Abstract
Despite the rise in processes that are being automated in our daily life not much attention has been
directed at the regulation of automation as such, that is not tied expressly to the technology that is being used
for the automation. This holds true for automated decision-making, which can in its public form have a great
impact on the individual’s life. As such, automated decision-making has only been regulated as a part of privacy-
oriented legal instruments, which naturally begs the questions, whether the right to not be subject to
automated decision-making is in fact a privacy related right. The article attempts to answer this question by
identifying the place of the right to not be subject to automated decision-making within one of the privacy
types, identified in extensive typology of Koops et al. It further posits several other legal values, that are different
from privacy, that could warrant the placement of this right within the existing legal instruments.
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