Algorithm Audit has published its first white paper🥇 Reversing the burden of proof is a promising approach to protect against discrimination in the context of (semi-)automated decision-making (ADM). Yet to make it feasible we need to overcome some hurdles.

This is what we advise policy makers across the EU to facilitate reversing the burden of proof and improve legal protection for (semi-)ADM:

👀 Improve the visibility of algorithms by enforcing information obligations for using ADM;

🤳Establish national hotlines where potentially discriminatory (semi-)ADM can be reported and where litigation support can be provided;

📚Train staff of courts, parliament, ministries, and other authorities in interpreting (semi-)ADM qualitatively.

This white paper is published as an op-ed in the Dutch newspaper Het Financieele Dagblad on April 13th 2022.

Summary

This document formulates actionable suggestions to improve legal protection for citizens and consumers in the European Union in the context for (semi-)automated decision-making (ADM). The suggestions in this document are linked to an existing concept in EU non- discrimination law: the reversal of the burden of proof.