CODE AND COURT: A CASE STUDY ON THE IMPACT OF ALGORITHMIC DECISIONS ON LEGAL PRINCIPLES AND PRECEDENTS”

AUTHOR – DR SANCHITA RAY, ASSISTANT PROFESSOR AT SHARDA SCHOOL OF LAW, SHARDA UNIVERSITY, GREATER NOIDA, UP

BEST CITATION – DR SANCHITA RAY, CODE AND COURT: A CASE STUDY ON THE IMPACT OF ALGORITHMIC DECISIONS ON LEGAL PRINCIPLES AND PRECEDENTS”, ILE CONSTITUTIONAL REVIEW, 3 (1) of 2024, Pg. 22-27, APIS – 3920 – 0006 | ISSN – 2583-7168.

Abstract

The convergence of algorithmic decisions with established legal principles poses substantial challenges for legal systems worldwide. As algorithms play a growing role in decision-making across criminal justice, employment, healthcare, and financial services, issues surrounding fairness, transparency, accountability, and legal compatibility come to the forefront. Algorithms, sets of instructions for specific tasks, are foundational in computing and information technology. Algorithmic decisions, based on data inputs and programmed instructions, span applications such as credit scoring and predictive policing. Historically, algorithms were confined to scientific and military uses with minimal legal implications. By the late 20th century, personal computing and the internet introduced algorithms into daily life, raising legal issues related to intellectual property and privacy. In the 21st century, algorithms began to influence critical decisions in finance, employment, and law enforcement, highlighting traditional legal frameworks’ inadequacies in addressing algorithmic bias and transparency.

Legal challenges include ensuring due process and fairness, as algorithms in policing and sentencing may lack transparency, affecting individuals’ ability to challenge decisions. Anti-discrimination laws are challenged by algorithmic bias, necessitating measures to counteract biases in data. Privacy rights are at risk with extensive data processing by algorithms, requiring robust data protection laws like the GDPR. Legal systems must evolve to ensure algorithmic fairness, transparency, and accountability, necessitating ongoing monitoring, legal framework updates, and interdisciplinary collaboration.

Keywords- Artificial Intelligence, Data, Privacy, Algorithm, Intellectual Property Rights, GDPR, Privacy Laws.