Discrimination in an automated society: Contributions from Latin America

Abstract

Do current Latin American laws adequately protect people against discrimination due to the use of artificial intelligence systems for automated decision-making? How should an effective legal framework on this matter be configured? Based on these questions, this article analyzes this form of discrimination from a technical and regulatory point of view, develops a conceptual theory on the particularities of algorithmic discrimination situated and contextualized in Latin America, proposes the incorporation of a relational principle that is distinctive to the region and offers a new interpretative approach to the Principle of Equality and the discrimination concept, from a collective perspective, with the aim of overcoming normative difficulties evidenced in comparative law.