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Decision-Making Practices in Transition

A Taxonomy of Automated Decision-Making

Bettina Bacher

DOI https://doi.org/10.21552/edpl/2023/1/8



The following contribution presents a standardized, multi-layered framework to analyse technical and societal aspects of automated decision-making (ADM) among private entities. It relies on the premise that in the context of technology, it is useful to shift the legal perspective towards sociotechnical practices. The taxonomy starts with the basic structure of the decision, its subject and the parties involved, then touches upon the relationship between the parties involved. Next, the taxonomy focuses on sociotechnical aspects, the optimization promises embodied in ADM and the application parameters of automated decision systems. Finally, it contains an analytical vocabulary for dysfunctionalities in ADM. As an example, the taxonomy is used to analyse and discuss the practice of robot recruiting.

Bettina Bacher, post-doc researcher at the Institute of Law and Technology, Masaryk University, Brno (Czechia); habilitation candidate at the University of Fribourg (Switzerland). I would like to thank František Kasl for his valuable suggestions after reading an earlier version of this paper. My research was supported by the project CyberSecurity, CyberCrime and Critical Information Infrastructures Center of Excellence (C4e; CZ.02.1.01/0.0./0.0./16_019/0000822).

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