Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree

Hilde Weerts; Raphaële Xenidis; Fabien Tarissan; Henrik Palmer Olsen; Mykola Pechenizkiy

Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree

Hilde Weerts
, Raphaële Xenidis
, Fabien Tarissan
, Henrik Palmer Olsen
, Mykola Pechenizkiy

Research output: Chapter in Book/Report/Conference proceeding › Conference contribution › Academic › peer-review

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Abstract

Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one hand, and legal notions of discrimination and equality on the other, is often unclear, leading to misunderstandings between computer science and law. In this paper, we aim to illustrate to what extent European Union (EU) non-discrimination law coincides with notions of algorithmic fairness proposed in computer science literature and where they differ. Ultimately, we show that metaphors depicting the law as a decision tree are misguiding. We suggest moving away from asking what should be equal, and towards asking why a particular distribution of burdens and benefits is right in a given context.

Original language	English
Title of host publication	EWAF 2023 : European Workshop on Algorithmic Fairness
Subtitle of host publication	Proceedings of the 2nd European Workshop on Algorithmic Fairness Winterthur, Switzerland, June 7th to 9th, 2023
Editors	Jose M. Alvarez, Alessandro Fabris, Christoph Heitz, Corinna Hertweck, Michele Loi, Meike Zehlike
Publisher	CEUR-WS.org
Number of pages	5
Publication status	Published - 2023
Event	2nd European Workshop on Algorithmic Fairness, EWAF 2023 - Winterthur, Switzerland Duration: 7 Jun 2023 → 9 Jun 2023

Publication series

Name	CEUR Workshop Proceedings
Volume	3442
ISSN (Print)	1613-0073

Conference

Conference	2nd European Workshop on Algorithmic Fairness, EWAF 2023
Country/Territory	Switzerland
City	Winterthur
Period	7/06/23 → 9/06/23

Funding

This project has received funding from the European Union’s Horizon 2020 research and innovation programme under the Marie Skłodowska-Curie grant agreement No 898937. We also thank the organisers of the Lorentz workshop on Fairness in Algorithmic Decision Making: A Domain-Specific Approach in March 2022 for bringing together a group of researchers with diverse disciplinary backgrounds as well as the participants for their valuable insights.

Keywords

discrimination
EU law
fairness metrics
legal compliance
technical interventions

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https://ceur-ws.org/Vol-3442/

Cite this

Weerts, H., Xenidis, R., Tarissan, F., Olsen, H. P., & Pechenizkiy, M. (2023). Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree. In J. M. Alvarez, A. Fabris, C. Heitz, C. Hertweck, M. Loi, & M. Zehlike (Eds.), EWAF 2023 : European Workshop on Algorithmic Fairness: Proceedings of the 2nd European Workshop on Algorithmic Fairness Winterthur, Switzerland, June 7th to 9th, 2023 (CEUR Workshop Proceedings; Vol. 3442). CEUR-WS.org. https://ceur-ws.org/Vol-3442/

Weerts, Hilde ; Xenidis, Raphaële ; Tarissan, Fabien et al. / Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law : Or Why the Law is Not a Decision Tree. EWAF 2023 : European Workshop on Algorithmic Fairness: Proceedings of the 2nd European Workshop on Algorithmic Fairness Winterthur, Switzerland, June 7th to 9th, 2023. editor / Jose M. Alvarez ; Alessandro Fabris ; Christoph Heitz ; Corinna Hertweck ; Michele Loi ; Meike Zehlike. CEUR-WS.org, 2023. (CEUR Workshop Proceedings).

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title = "Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree",

abstract = "Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one hand, and legal notions of discrimination and equality on the other, is often unclear, leading to misunderstandings between computer science and law. In this paper, we aim to illustrate to what extent European Union (EU) non-discrimination law coincides with notions of algorithmic fairness proposed in computer science literature and where they differ. Ultimately, we show that metaphors depicting the law as a decision tree are misguiding. We suggest moving away from asking what should be equal, and towards asking why a particular distribution of burdens and benefits is right in a given context.",

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author = "Hilde Weerts and Rapha{\"e}le Xenidis and Fabien Tarissan and Olsen, \{Henrik Palmer\} and Mykola Pechenizkiy",

year = "2023",

language = "English",

series = "CEUR Workshop Proceedings",

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editor = "Alvarez, \{Jose M.\} and Alessandro Fabris and Christoph Heitz and Corinna Hertweck and Michele Loi and Meike Zehlike",

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Weerts, H, Xenidis, R, Tarissan, F, Olsen, HP & Pechenizkiy, M 2023, Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree. in JM Alvarez, A Fabris, C Heitz, C Hertweck, M Loi & M Zehlike (eds), EWAF 2023 : European Workshop on Algorithmic Fairness: Proceedings of the 2nd European Workshop on Algorithmic Fairness Winterthur, Switzerland, June 7th to 9th, 2023. CEUR Workshop Proceedings, vol. 3442, CEUR-WS.org, 2nd European Workshop on Algorithmic Fairness, EWAF 2023, Winterthur, Switzerland, 7/06/23. <https://ceur-ws.org/Vol-3442/>

Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree. / Weerts, Hilde; Xenidis, Raphaële; Tarissan, Fabien et al.
EWAF 2023 : European Workshop on Algorithmic Fairness: Proceedings of the 2nd European Workshop on Algorithmic Fairness Winterthur, Switzerland, June 7th to 9th, 2023. ed. / Jose M. Alvarez; Alessandro Fabris; Christoph Heitz; Corinna Hertweck; Michele Loi; Meike Zehlike. CEUR-WS.org, 2023. (CEUR Workshop Proceedings; Vol. 3442).

Research output: Chapter in Book/Report/Conference proceeding › Conference contribution › Academic › peer-review

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AB - Concerns regarding unfairness and discrimination in the context of artificial intelligence (AI) systems have recently received increased attention from both legal and computer science scholars. Yet, the degree of overlap between notions of algorithmic bias and fairness on the one hand, and legal notions of discrimination and equality on the other, is often unclear, leading to misunderstandings between computer science and law. In this paper, we aim to illustrate to what extent European Union (EU) non-discrimination law coincides with notions of algorithmic fairness proposed in computer science literature and where they differ. Ultimately, we show that metaphors depicting the law as a decision tree are misguiding. We suggest moving away from asking what should be equal, and towards asking why a particular distribution of burdens and benefits is right in a given context.

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ER -

Weerts H, Xenidis R, Tarissan F, Olsen HP, Pechenizkiy M. Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree. In Alvarez JM, Fabris A, Heitz C, Hertweck C, Loi M, Zehlike M, editors, EWAF 2023 : European Workshop on Algorithmic Fairness: Proceedings of the 2nd European Workshop on Algorithmic Fairness Winterthur, Switzerland, June 7th to 9th, 2023. CEUR-WS.org. 2023. (CEUR Workshop Proceedings).

Algorithmic Unfairness Through the Lens of EU Non-Discrimination Law: Or Why the Law is Not a Decision Tree

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