Despite the Post Office Horizon scandal finally getting the attention it deserves, crucial issues with how the law handles computer systems continue to be neglected. When the Data Protection and Digital Information (DPDI) Bill returns to the House of Lords, it offers an unprecedented opportunity to improve the transparency of data-driven systems. The current common law presumption requires courts to consider that computer systems operate correctly unless there is explicit evidence to the contrary. This approach is untenable in the era of artificial intelligence (AI), where opaque systems rarely show their workings.
Instead, the DPDI Bill is set to further weaken provisions that support people to access information about how such programs operate, making it easier for organisations to deny subject access requests that make it possible for people to gather information on how their data is being used.
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