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Approaching the human in the loop: Legal perspectives on hybrid/algorithmic decision-making in three contexts

Members of DIGSUM’s Digital Law group have published new work on hybrid decision-making in the contexts of policing, social welfare, and online moderation.

ABSTRACT
Public and private organizations are increasingly implementing various algorithmic decision-making systems. Through legal and practical incentives, humans will often need to be kept in the loop of such decision-making to maintain human agency and accountability, provide legal safeguards, or perform quality control. Introducing such human oversight results in various forms of semi-automated, or hybrid decision-making – where algorithmic and human agents interact. Building on previous research we illustrate the legal dependencies forming an impetus for hybrid decision-making in the policing, social welfare, and online moderation contexts. We highlight the further need to situate hybrid decision-making in a wider legal environment of data protection, constitutional and administrative legal principles, as well as the need for contextual analysis of such principles. Finally, we outline a research agenda to capture contextual legal dependencies of hybrid decision-making, pointing to the need to go beyond legal doctrinal studies by adopting socio-technical perspectives and empirical studies.

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Therese Enarsson is an Associate Professor in the Department of Law at Umeå University, researching Digital Law focusing on fundamental rights in different legal contexts, such as the protection of victims online and in the legal process, and the protection of free speech online.

Lena Enqvist is an Assistant Professor in the Department of Law at Umeå University, researching social security law, administrative law, constitutional law, medical/health law and privacy and access to information.

Markus Naarttijärvi is an Associate Professor in the Department of Law at Umeå University, researching constitutional rights and rule of law, in the intersection of technology, security and human rights.

Read more about DIGSUM’s research group on AI and Society [here].
Read more about DIGSUM’s research group on Digital Law [here].


Journal of Digital Social Research, Volume 3(3)

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