Automated Decisions and Procedural Fairness Seeking Standards for Asylum Seekers and Refugees Date: March 29, 2023 Presented by: Francesca Palmiotto (Hertie School of Governance) The Problem  Automated systems do not take final decisions, but provide new sources of evidence "Your phone, bitte" "Speak up, bitte"  What about Fairness? 1. (Un)Fair automated decision-making 2. (Un)Fair asylum decision-making 'Asylum lottery' in Europe (Ozkul & Nalule 2021)  Fair data processing to counteract the power and information asymmetries (Cllifford 2022) as mitigation of data subjects' vulnerabilities through specific safeguards and measures (Malgieri 2020)  Trustworthy Al? Research Question Do European legal standards foster individual fairness in automated asylum decision-making? - Individual Fairness 1. Substantial 2. Procedural 3. Remedial - Automated Asylum Decision-Making Automated evidence in administrative decisions, judicial review, and withdrawal of protection. - European Legal Standards 1. EU Fundamental Rights 2. EU Asylum Law 3. EU Data Protection Law 4. Al Act Methods 1. Identify the benchmark for assessment in EU human rights (Fairness as Rights) 2. Illustrate the challenges that ADM poses to fairness (Challenging Fairness) 3. Evaluate EU asylum and data protection law in relation to fairness (Assessing Fairness) Contribution 1. Provides a systematization of overlapping legal standards with "Constructive frictions" among normative sources (Costello 2015) 2. Investigates the implications of the general principles of European public and asylum law for new tech 3. Represents a baseline study for advocating Reforms for Fairness