The right to reasonable inferences in automated decision systems as an unfolding of the fundamental right to the protection of personal data in Brazil and beyond

Abstract

ABSTRACT This paper proposes expanding personal data protection by recognizing the right to reasonable inferences derived from the fundamental right to data protection and the principle of free development of personality. Automated systems using predictive algorithms and correlations based on profiles can have negative consequences, particularly discrimination from generalization or inadequate correlation. These systems often fail to consider individual uniqueness. The article highlights that imperfect correlations in automated systems threaten individual rights by undermining the free development of personality and informational selfdetermination. Recognizing the right to reasonable inferences strengthens data protection's objective dimension, crucial for safeguarding against discriminatory inferences. It also requires data controllers to justify implementing such systems. To achieve this, the study suggests interpreting the Brazilian Data Protection Law no. 13.079/2018, known as ‘LGPD’, to position the right to reasonable inferences as a behavioral guideline for data controllers. This interpretation emphasizes transparency, understandability, and accountability. Recognizing this right aims to promote adherence to the principle of responsibility and ensure the necessary transparency to address and manage negative consequences.