The Supreme Administrative Court of Austria (VwGH) has recently confirmed in case Ro 2021/04/0010-11 that the Public Employment Service's use of an algorithm for categorizing job seekers qualifies as 'automated decision-making' under Article 22 of the General Data Protection Regulation (GDPR).
This term refers to a process where a decision that significantly affects an individual is made solely by automated means, without human intervention. The court's ruling mandates strict adherence to data protection laws in such cases.
The Supreme Administrative Court of Austria (VwGH) has recently confirmed in case Ro 2021/04/0010-11 that the Public Employment Service's use of an algorithm for categorizing job seekers qualifies as 'automated decision-making' under Article 22 of the General Data Protection Regulation (GDPR).
This term refers to a process where a decision that significantly affects an individual is made solely by automated means, without human intervention. The court's ruling mandates strict adherence to data protection laws in such cases.
The Tokyo District Court rulled that a restaurant review platform's unilateral change to its rankings algorithm violated the Japanese antitrust law that prohibits abuse of "superior bargaining power."
The decision shows that, even if Big Tech groups have long argued that their algorithms should be considered trade secrets in all circumstances, courts and regulators across the world have begun to challenge that position.