A Right of Social Dialogue on Automated Decision-Making: From Workers’ Right to Autonomous Right

Authors

  • Damian Clifford ANU College of Law
  • Jake Goldenfein University of Melbourne
  • Aitor Jimenez University of Melbourne
  • Megan Richardson University of Melbourne

DOI:

https://doi.org/10.26116/techreg.2023.001

Abstract

An emerging tool in the movement for platform workers’ rights is the right not to be subject to automated decision-making. In its most advanced formulation to date in art 22 of the EU General Data Protection Regulation 2016, this right includes ‘the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision’. Among other things, art 22 forms part of the groundwork of the December 2021 European Commission Proposal for a Directive on Improving Working Conditions in Platform Work, with its mantra of promotion of ‘social dialogue on algorithmic management’. In this article, we argue that art 22 and now the Directive offer an important tool for responding to the mechanistic working conditions of platform work. More broadly, we suggest that a right of social dialogue regarding automated decision-making, which art 22 represents, has the potential to serve as a signal achievement in the history of data rights developing to allow democratic involvement in decisions that affect people’s lives under modern industrial conditions.

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Author Biographies

  • Damian Clifford, ANU College of Law

    Damian Clifford is a Senior Lecturer in Law at the Australian National University.

  • Jake Goldenfein, University of Melbourne

    Jake Goldenfein is a Senior Lecturer at the Melbourne Law School, the University of Melbourne and a Chief Investigator with the ARC Centre of Excellence for Automated Decision-Making and Society.

  • Aitor Jimenez, University of Melbourne

    Aitor Jiménez is a Postdoctoral research fellow at the Melbourne Law School, the University of Melbourne node of the ARC Centre of Excellence for Automated Decision-Making and Society.

  • Megan Richardson, University of Melbourne

    Megan Richardson is a Professor of Law at the Melbourne Law School, the University of Melbourne.

TechReg 2023.001 A right of Social Dialogue on ADM

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Published

23-06-2023

Issue

Section

Articles

How to Cite

Clifford, D., Goldenfein, J., Jimenez, A., & Richardson, M. (2023). A Right of Social Dialogue on Automated Decision-Making: From Workers’ Right to Autonomous Right. Technology and Regulation, 2023, 1-9. https://doi.org/10.26116/techreg.2023.001