On The Presumption Of Innocence In Data-Driven Government. Are We Asking The Right Question?
Linnet Taylor · Amsterdam University Press eBooks · 2019
The presumption of innocence is a principle of fundamental importance to the rule of law, but one of limited use if we wish to protect people from unfairness in data-driven government.This is due to the growth in complexity of the field of indirect profiling -the practice whereby profiles are created to sort individuals into groups based on particular characteristics.This contribution argues that the use of complex algorithmic analytics, combined with the long commercial value chain of the data used for profiling, make the presumption of innocence irrelevant, as by the time effects on individuals occur, they are no longer traceable to particular moments of data collection or sorting.