A Comparative Study on Algorithmic Discrimination between Europe and North-America

Giacomo Capuzzo


This study aims at describing the legal framework that relates discrimination to the world of artificial
intelligence, with particular reference to the use of algorithms. The author analyzes the operation of these
automatic machines within the decision-making processes of private and public actors, emphasizing the
potential discriminatory effects resulting from such use. The survey of the regulation on the subject has
suggested a dichotomy of approaches, one ex post grounded on general principles that can be applied at
discretion to different cases; the other ex ante based on sets of rules set up for specific areas. The paper
explores the various aspects of discriminatory protection between the European and US multilevel legal
systems, deepening the regulatory disciplines and dealing with some practical cases to provide an introductory
map to the issue.

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Comparative Law Review is registered at the Courthouse of Monza (Italy) - Nr. 1988 - May, 10th 2010.
Editors - Prof. Giovanni Marini, Prof. Pier Giuseppe Monateri, Prof. Tommaso Edoardo Frosini, Prof. Salvatore Sica, Prof. Alessandro Somma, Prof. Giuseppe Franco Ferrari, Prof. Massimiliano Granieri.

Direttore responsabile:Alessandro Somma