Fairness and Data Protection Impact Assessments

Atoosa Kasirzadeh, Damian Clifford

    Research output: Chapter in Book/Report/Conference proceedingConference contributionpeer-review

    8 Citations (Scopus)

    Abstract

    In this paper, we critically examine the effectiveness of the requirement to conduct a Data Protection Impact Assessment (DPIA) in Article 35 of the General Data Protection Regulation (GDPR) in light of fairness metrics. Through this analysis, we explore the role of the fairness principle as introduced in Article 5(1)(a) and its multifaceted interpretation in the obligation to conduct a DPIA. Our paper argues that although there is a significant theoretical role for the considerations of fairness in the DPIA process, an analysis of the various guidance documents issued by data protection authorities on the obligation to conduct a DPIA reveals that they rarely mention the fairness principle in practice. Our analysis questions this omission, and assesses the capacity of fairness metrics to be truly operationalized within DPIAs. We conclude by exploring the practical effectiveness of DPIA with particular reference to (1) technical challenges that have an impact on the usefulness of DPIAs irrespective of a controller's willingness to actively engage in the process, (2) the context dependent nature of the fairness principle, and (3) the key role played by data controllers in the determination of what is fair.

    Original languageEnglish
    Title of host publicationAIES 2021 - Proceedings of the 2021 AAAI/ACM Conference on AI, Ethics, and Society
    PublisherAssociation for Computing Machinery, Inc
    Pages146-153
    Number of pages8
    ISBN (Electronic)9781450384735
    DOIs
    Publication statusPublished - 21 Jul 2021
    Event4th AAAI/ACM Conference on Artificial Intelligence, Ethics, and Society, AIES 2021 - Virtual, Online, United States
    Duration: 19 May 202121 May 2021

    Publication series

    NameAIES 2021 - Proceedings of the 2021 AAAI/ACM Conference on AI, Ethics, and Society

    Conference

    Conference4th AAAI/ACM Conference on Artificial Intelligence, Ethics, and Society, AIES 2021
    Country/TerritoryUnited States
    CityVirtual, Online
    Period19/05/2121/05/21

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