Authors: Tallia B. Gillis and Jann Spiess
Date of Publication: 19 July 2018
For many financial products, companies distinguish between people based on their different risks and returns. However, distinctions of this nature are constrained by legal rules that prohibit certain types of discrimination. This rise of artificial intelligence and “big data” raises the question where and how existing law can be applied to this novel setting. The paper argues that legal doctrine is ill-prepared to face the challenges posed by algorithmic decision-making and proposes a framework for regulators to test decision rules in a way that provides meaningful comparisons between lenders. [View Resource]
