Decisões automatizadas com recurso a algoritmos opacos

: uma perspetiva legal

Abstract

This dissertation aims at the legal analysis of automated decision¬making by opaque algorithms, in order to know the means of protection that European Union Law confers on citizens on the protection of personal data and how they can defend and challenge these decisions. Firstly, a brief framework will be made of the theme. Concepts related to Big Data and automated decisions will be clarified, important to understanding the points that will be developed. Secondly, the General Data Protection Regulation will be studied, the legal basis for the processing of personal data and the special categories of data. Data is increasingly becoming a powerful resource for companies, in certain situations they are even marketed, which translates into insecurity and mistrust regarding the processing of data. It is important to understand how they are protected and safeguarded. Subsequently, the regime stipulated in article 22 of the General Data Protection Regulation will be deepened. It makes up the legal regime of automated decisions, which consists of decisions taken through technological means and without human intervention. Next, the problem of the opacity of the algorithms used in automated decisions and the study of the possibility of there being a right to obtain an explanation will be addressed. In the context of the opacity of algorithms will also be attended the role of industrial property rights and how the European legislator circumvents possible problems that they can arise to the protection of citizens' rights. Finally, the proposal for an artificial intelligence regulation will be carried out, to understand the direction of the European legislator in this context.

Date of Award	20 Jun 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Sousa e Silva (Supervisor)