Goldman, Gavin David2025-01-172025-01-172024Goldman, Gavin David . (2024). Artificial intelligence and automated decision making under the GDPR and the POPIA [Master’s dissertation, University of the Witwatersrand, Johannesburg].WireDSpace.https://hdl.handle.net/10539/43523A research report Submitted in partial fulfillment of the requirements for the degree of Master of Laws by Coursework and Research Report, School of Laws, University of the Witwatersrand, Johannesburg 2024This analysis considers the concepts of AI and machine learning and examines their reliance on the processing of personal data and the challenges this poses from a data- privacy and human-rights perspective, particularly in relation to profiling. It evaluates the effectiveness of the General Data Protection Regulation (GDPR) and the Promotion of Personal Information Act 4 of 2013 (POPIA) in regulating Automated Decision Making (ADM) and considers the limitations of the right to an explanation under these provisions. The analysis proposes that the current framework of the GDPR and POPIA does not clearly address the issue of explainability and that the focus should shift to providing a data subject with a counterfactual to give practical effect to this right which would better serve data subjectsen2025 University of the Witwatersrand, Johannesburg. All rights reserved. The copyright in this work vests in the University of the Witwatersrand, Johannesburg. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of University of the Witwatersrand, Johannesburg.Artificial intelligenceGDPRPOPIAUCTDSDG-9: Industry, innovation and infrastructureDissertationUniversity of the Witwatersrand, Johannesburg