Judicial Review and the Digital Welfare State in the UK and Australia
In: (2021) 28 Journal of Social Security Law 94
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In: (2021) 28 Journal of Social Security Law 94
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In: (2021) 32 Public Law Review
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In: (2019) 93 Australian Law Journal 477
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In: (2018) 43 Alternative Law Journal 40
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In: (2015/2016) 19 Australian Indigenous Law Review 97
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In: Melbourne University Law Review, Band 40
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In: International legal materials: ILM, Band 60, Heft 3, S. 464-520
ISSN: 1930-6571
In October 2020, the Court of Justice of the European Union (CJEU), sitting as a Grand Chamber, handed down its preliminary rulings in Privacy International v. Secretary of State for Foreign and Commonwealth Affairs (Privacy International) and in the joined cases of La Quadrature du Net v. Premier ministre and Ordre des barreaux francophones et germanophone v. Conseil des ministers (La Quadrature du Net). In Privacy International, the CJEU held that member states are precluded from enacting laws enabling bulk transmission of communications data from providers to the state. In La Quadrature du Net, it laid down requirements for various types of data processing, including bulk and targeted retention and automated analysis, and held for the first time that bulk retention of communications data could be justified on national security grounds. The judgments represent a significant development of the CJEU's jurisprudence on communications data processing and state surveillance, as the European Union (EU) continues to move towards a new digital privacy law.
In: (2021) 60 International Legal Materials 464
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Working paper
In: (2020) 25 Judicial Review 296
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Identifying a pattern of risky experimentation with automated systems in the Home Office, this book outlines precautionary measures that are essential to ensure that society benefits from government automation without exposing individuals to unacceptable risks.
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Working paper
This paper considers legal contestation in the UK as a source of useful reflections for AI policy. The government has published a 'National AI Strategy', but it is unclear how effective this will be given doubts about levels of public trust. One key concern is the UK's apparent 'side-lining' of the law. A series of events were convened to investigate critical legal perspectives on the issues, culminating in an expert workshop addressing five sectors. Participants discussed AI in the context of wider trends towards automated decision-making (ADM). A recent proliferation in legal actions is expected to continue. The discussions illuminated the various ways in which individual examples connect systematically to developments in governance and broader 'AI-related decision-making', particularly due to chronic problems with transparency and awareness. This provides a fresh and current insight into the perspectives of key groups advancing criticisms relevant to policy in this area. Policymakers' neglect of the law and legal processes is contributing to quality issues with recent practical ADM implementation in the UK. Strong signals are now required to switch back from the vicious cycle of increasing mistrust to an approach capable of generating public trust. Suggestions are summarised for consideration by policymakers.
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This paper considers legal contestation in the UK as a source of useful reflections for AI policy. The government has published a 'National AI Strategy', but it is unclear how effective this will be given doubts about levels of public trust. One key concern is the UK's apparent 'side-lining' of the law. A series of events were convened to investigate critical legal perspectives on the issues, culminating in an expert workshop addressing five sectors. Participants discussed AI in the context of wider trends towards automated decision-making (ADM). A recent proliferation in legal actions is expected to continue. The discussions illuminated the various ways in which individual examples connect systematically to developments in governance and broader 'AI-related decision-making', particularly due to chronic problems with transparency and awareness. This provides a fresh and current insight into the perspectives of key groups advancing criticisms relevant to policy in this area. Policymakers' neglect of the law and legal processes is contributing to quality issues with recent practical ADM implementation in the UK. Strong signals are now required to switch back from the vicious cycle of increasing mistrust to an approach capable of generating public trust. Suggestions are summarised for consideration by policymakers.
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