The intersection of data protection rights and trade secret privileges in algorithmic transparency

Abstract

Algorithmic decision-making is entering all areas of society. Algorithms now decide which grades we are awarded, whether we are granted visas, or receive social benefits. However, we know little about when, why and how algorithms are used, despite onerous transparency and information requirements under the General Data Protection Regulation. In this chapter we set out how the Trade Secret Directive is used by data controllers to prevent the disclosure of algorithms and algorithmic data, which we find to be somewhat at odds with the requirements in the GDPR. By examining the legal requirements under both laws, we map argue that that there may be a yet to be explored public interest ground that could compel companies to be more forthcoming with their algorithms and algorithmic data in support of the objectives of the GDPR. We therefore see a path forward where the suggested differences between these two EU laws can be reconciled.