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Legislation

Spain, Ley integral para la igualdad de trato y la no discriminación

Full reference
Ley 15/2022, de 12 de julio, integral para la igualdad de trato y la no discriminación (Law 15/2022, of 12 July, on equal treatment and non-discrimination)
Legislator/regulator
Spanish Parliament
Institutional level
National level
Number
15/2022
Date
Type of Source
National legislation
Source national detail
Primary legislation
Stage of drafting
Approved
Territorial scope
National
Project area
AI and public administration
Law area
Procedural law
Contract law
Consumer protection
Fundamental rights protection

Summary of the law

The purpose of the law is to guarantee and promote the right to equal treatment and non-discrimination. To this end, the law regulates the rights and obligations of persons, whether natural or legal, public or private; establishes principles for action by the public authorities, and provides for measures aimed at preventing, eliminating and correcting all forms of direct or indirect discrimination in the public and private sectors.

Specific provision(s) regarding AI and Public Administration
Article 23:
1. Within the framework of the National Artificial Intelligence Strategy, the Charter of Digital Rights and European initiatives on Artificial Intelligence, public administrations shall encourage the implementation of mechanisms so that the algorithms involved in decision-making take into account criteria of minimisation of bias, transparency and accountability, whenever technically feasible. These mechanisms will include their design and training data, and address their potential discriminatory impact. To this end, impact assessments will be promoted to identify potential discriminatory bias.

2. Public administrations, within the framework of their competences in the field of algorithms involved in decision-making processes, shall prioritise transparency in the design and implementation, and the explainability of the decisions.

3. Public administrations and companies shall promote the use of AI that is ethical, reliable and respectful of fundamental rights, especially following the recommendations of the European Union in this regard.

4. A seal of quality for algorithms shall be promoted.
Personal scope of the instrument
Unspecified addressees
Material scope of the instrument

The Act shall apply to the following areas: (a) employment which includes access, working conditions, professional promotion and training; (b) access, promotion, working conditions and training in public employment; (c) participation in trade unions or employers’ organisations, (d) education, (e) health, (f) transport, (g) culture, (h) public safety, (i) justice administration, (j) social protection, (k) access to and supply of goods and services available to the public, including housing, l) access to establishments or spaces open to the public, including the use of public roads, (m) advertising, media and information society services; (n) Internet, social networks and mobile applications, (ñ) sports, (o) AI and data management.

AI system(s) involved
  • General purpose AI
Initiative
  • Socialist Group
Fundamental rights involved
  • Right to non-discrimination
  • Right to equality
Principles expressly applied
  • Accountability
  • Equality
  • Explainability
  • Non-discrimination
  • Transparency
Enforcement
Nullity (article 26), damages (article 27), injunctions (article 28), and administrative fines (article 48)

Case author
Laura Herrerías Castro
PhD Candidate
Universitat Pompeu Fabra