Introduction

Data mining and AI are increasingly becoming an integral part of the legal profession.
Searching precedent and statutes is now done in a few seconds and most legal documents are available in standard format instantaneously.
There seems to be no reason to question the advantages of such technology.

Technology does however pose major challenges to our justice system in several regards.

This article will discuss the recent French law on “legal analytics” (i.e. technology enabled profiling of judges).

Such profiles are meant to identify personal predilections and preferences (maybe even bias).

The French legislator recently decided to prohibit the use of these technologies in and for the courtroom.

After a presentation of the law, the discussion will cover the following topics:
The judge as an institution, its legislative and cultural background (a)
Forum Shopping, (b)
Disciplinary and Penal Oversight, (c)
Invasion of Privacy, (d)
Human Rights, (e)
Extraterritoriality, (f)
Compatibility with EU law, (g)
Derogations from the GDPR (h) and
The slippery slope theory (i), and finally a conclusion on the more general question of technology in the justice system.

Read the full article.

Dan Shefet

Dan Shefet is a French lawyer, born in Denmark, and the author of the individual specialist report to UNESCO on ‘Online Radicalization’, Expert with the Council of Europe on the Internet Ombudsman and President of AAID. Dan holds a philosophy degree and a law degree from the University of Copenhagen in addition to law studies in France. He specializes in European law as well as Human Rights, in general, and in the IT environment, in particular. Dan is a frequent speaker at international conferences on IT law, data privacy and content regulation. In 2014, he founded the Association for Accountability and Internet Democracy (AAID). The main objective of this association is to introduce a general principle of accountability on the internet in order to secure the protection of human integrity. He is the founder of Cabinet Shefet; the firm focuses on international law including European law.

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