ISSN 3062-262X

FUNDAMENTAL RIGHTS IN THE DIGITAL AGE: ALGORITHMIC GOVERNANCE, PRIVACY, AND HUMAN DIGNITY UNDER THE GDPR AND EUROPEAN CONSTITUTIONAL LAW

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Dr. Maximilian von Richter

Abstract

The rapid acceleration of algorithmic decision-making, predictive processing, and automated profiling within public administration and private commerce presents a profound structural challenge to the traditional European constitutional framework. This paper critically examines the intersection of algorithmic governance, data privacy, and fundamental human rights within the legal architecture of the European Union. Focusing on the General Data Protection Regulation (GDPR), Article 1 and Article 8 of the Charter of Fundamental Rights of the European Union, and the German Basic Law (Grundgesetz), this study investigates whether existing normative instruments provide adequate safeguards against the erosion of individual autonomy, procedural fairness, and human dignity. Through a rigorous doctrinal analysis and socio-legal synthesis, the paper dissects the statutory ambiguities surrounding Article 22 of the GDPR, the legal limits of automated profiling, and the constitutional limits of data-driven surveillance. The analysis reveals systemic gaps between technological deployment and judicial enforcement, particularly regarding the opacity of deep-learning algorithms and the doctrine of meaningful human intervention. The study proposes a comprehensive normative model termed Dignity-Centred Algorithmic Accountability, aimed at bridging the gap between technological innovation and constitutional protection.

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