Law Society calls for oversight of use of algorithms in justice system

Urgent oversight is needed of the use of complex algorithms in the justice system, the Law Society of England and Wales has said following a year-long investigation.

Its technology and law policy commission said in its report Algorithm Use in the Criminal Justice System that the lawful basis for the use of any algorithmic systems must be clear and explicitly declared.

It also published an interactive map that shows where algorithms are known to be used to assist decision-making across the justice system.

Law Society President Christina Blacklaws said: “Police, prisons and border forces are innovating in silos to help them manage and use the vast quantities of data they hold about people, places and events.”

She said this meant complex algorithms were used to help make decisions ranging from where to send a beat police officer to who to pick out of a crowd, and parole and visa applications.

Ms Blacklaws said: “While there are obvious efficiency wins, there is a worrying lack of oversight or framework to mitigate some hefty risks – of unlawful deployment, of discrimination or bias that may be unwittingly built in by an operator.

“These dangers are exacerbated by the absence of transparency, centralised coordination or systematic knowledge-sharing between public bodies. Although some forces are open about their use of algorithms, this is by no means uniform.”

Key recommendations:

• A legal framework for the use of complex algorithms in the justice system, with the lawful basis for the use of any algorithmic systems clear and explicitly declared
• A national register of algorithmic systems used by public bodies
• Apply the public sector equality duty to the use of algorithms in the justice system
• Public bodies must be able to explain what human rights are affected by any complex algorithm they use
• There must always be human management of complex algorithmic systems
• Public bodies must be able to explain how specific algorithms reach specific decisions
• Public bodies should own software rather than renting it from tech companies and should manage all political design decisions.

Mark Smulian

See also: Predictive analysis – an introduction and considerations - Paul Feild examines the legal and other issues raised by the use by local authorities of predictive analysis, 'Big Data' and machine learning.