Algoritmisk makt och rättsstatlig transparens – En analys av GDPR i ljuset av AI och Mireille Hildebrandts teorier

Sammanfattning

Summary When the EU’s General Data Protection Regulation (GDPR) came into force in 2016, the technological landscape looked completely different from what it does today in 2026. The use of artificial intelligence (AI) is now much more widespread in a number of different sectors. AI systems are often used to process large amounts of personal data, which creates major challenges for compliance with the GDPR’s principles of transparency and individual rights. As the use of AI increases, questions about the dehumanization of law and decision-making processes are becoming increasingly relevant. Mireille Hil- debrandt is a research professor in Belgium, and her research focuses on the interface between technology and law. She has published several books and articles on automated decision-making, which is relevant to this thesis. These “glasses” are used to critically examine the GDPR’s regulatory framework. Based on the above background, this thesis examines and answers three questions: (i) How is transparency in automated decision-making regulated under the GDPR and is this sufficient to handle the use of AI in decision-making processes? (ii) How should the requirement for human intervention in automated decision-making in the GDPR be understood and is this sufficient to maintain human control? (iii) How can Hildebrandt’s theories on transparency and automated decision-making be used to critically examine mentioned issues? The analysis shows that the GDPR regulates transparency in automated decision-making through certain principles and information requirements. However, these require that it is possible to access the information that led to the decision. This is problematic as modern AI systems have a highly complicated process for arriving at a certain decision or result. The analysis also shows that human intervention in decision-making processes is extremely important if human control is to be at the centre of the legal development. This is becoming increasingly difficult when the basis for decision-making processes is growing beyond human understanding.