Encoding Inequality: The Case for Greater Regulation of Artificial Intelligence and Automated Decision Making in New Zealand

Abstract

Automated decision making systems, developed using artificial intelligence and machine learning processes, are being used by companies, organisations and governments with increasing frequency. The purpose of this article is to outline the urgent case for regulating automated decision making and examine the possible options for regulation. This article will argue that New Zealand’s current approach to regulating decision making is inadequate. It will then turn to an analysis of Article 22 of the European Union’s General Data Protection Regulation, concluding that this regime also has some significant flaws. Finally, this paper will propose an alternative regulatory solution to address the novel challenge posed by automated decision making. This solution aims to strike a balance between the interests of organisations in capitalising on the benefits of automatic decision making technology, and the interests of individuals in ensuring that their right to freedom from discrimination is upheld.