Algorithmic bias and principle of equal treatment in digital constitucionalism

Abstract

Contemporary society experiences fast historical changes. The main one occurs with the transition from a market system to a new model of digital capitalism, whose ongoing process is transforming society. The presence of the machine in everyday life is essential to perform the most ordinary tasks to the most complex ones. The raw material of this new model is, primarily, personal data. However, the way in which these data are collected, systematized and used raise debates and relevant questions to the constitucional rights. Algorithmic discrimination is one of these themes that are in vogue in this new digital society. With this, a new system of constitutional ideas, called Digital Constitutionalism, appears, which seeks to enforce the fundamental rights of platform users and limit the powers of these new actors. In this regard, this research aims to investigate to what extent the principle of equality minimizes the process of algorithmic discrimination or bias, making it fairer. For this, it will revisit articles, dissertations, theses and works on the subject, in order to order and summarize, in the most impartial way possible, the information related to the subject. Concluding that, to combat inequality arising from algorithmic discrimination, the principle of equality should exercise centrality in the debate, inside a context of constitutionalism in cyberspace.