Evaluation of Current Legal Background
As its deliverable 6.1 the SMART consortium has prepared an overview and evaluation of standing legislation, both of the European Union as well as in the partner states.
Especially with regard to regulating automated decision making, member states have implemented similar rules as those provided for in art. 15 of the EU Directive on Data Protection. The aim of these provisions clearly is to protect individuals from being merely subjects to incomprehensible decisions of computers.
There are rules governing Automated Individual Decisions (AID) in all 13 examined countries. However, in three countries the provisions on AIDs shall either not apply for purposes of national security, defence, public security and the prevention, investigation, detection and prosecution of criminal offences and criminal prosecution or there are no provisions on AIDs for the relevant bodies, yet. Still, there are regulations applying to state-run surveillance in ten evaluated legal systems.
Relevant consortium member states have established provisions basically in two different ways. Whereas most of them have just implemented regulations very similar to art. 15 of Directive 95/46/EC and with reference to the tasks of police and security services, other countries do not ban AIDs in this area in general but strengthen data subjects’ rights in order to compensate possible decision taking by machines.