The role of European equality bodies to address algorithmic discrimination

Abstract

European Union (EU) seems to have the aim to strengthen the role of equality bodies and encourage the expansion of their scope of application, their functions and their powers. This implies that they can play an essential role in challenging discriminatory decisions made through algorithmic systems. Due to the possibility they have to access information, to issue binding decisions in individual or collective cases of discrimination or to initiate court proceedings in their own name, they seem like the best positioned to offer an effective protection against algorithmic discrimination. In this article, we study the latest regulatory proposals relating to these bodies and which functions they must carry out to help people that have been discriminated against by artificial intelligence systems. Notwithstanding we argue that equality bodies have a privileged position to deal with discriminatory automated decisions, they need independence and human, technical and financial resources to perform all its tasks and to exercise all its competences effectively, and this is not always guaranteed.