The rise of AI decision making also implicates fundamental rights of fairness, accountability, and transparency.

Many of these techniques are entirely opaque, leaving individuals unaware whether the decisions were accurate, fair, or even about them.

fairness Obligation.

Institutions must ensure that AI systems do not reflect unfair bias or make impermissible discriminatory decisions.

The fairness Obligation recognizes that all automated systems make decisions that reflect bias and discrimination, but such decisions should not be normatively unfair.

The Fairness Obligation recognizes that all automated systems make decisions that reflect bias and discrimination, but such decisions should not be normatively unfair.

There is no simple answer to the question as to what is unfair or impermissible.

But the fairness Obligation makes clear that an assessment of objective outcomes alone is not sufficient to evaluate an AI system.