It’s the end of DataJust, the personal injury assessment algorithm

Although the Council of State has just validated it, the DataJust algorithm development project has finally been abandoned, reveals Public Actors in an article published this Friday, January 14, 2022. It is “the complexity of the site” that would have caused this decision . , explains the medium citing the Ministry of Justice.

Support for the decision of the judges
It is the decree of March 27, 2020 that authorizes the creation of an algorithm on bodily injury compensation called “DataJust”. Its objective is to create an indicative reference point for compensation that allows victims of damage to be better informed and provide assistance to judges in decision-making. Its experimentation began in 2020 for a period of two years.

In practice, the machine learning system is responsible for extracting and then exploiting the data contained in court decisions related to bodily injury compensation. More specifically, it is a question of listing the amounts requested and offered by the parties in the process, the liquidations proposed in the framework of the friendly settlement procedures of controversies and the amounts assigned to the victims by the courts.

Broad access to data
To train the model, the ministry uses a large amount of personal data: the surnames and names of the natural persons mentioned in the judicial decisions, the identification elements of the persons, data and information related to the damages suffered, those related to the professional life and financial situation. , those related to criminal offenses and convictions and those related to civil faults, the number of judicial sentences and the opinions of the doctors and experts who examined the victim and the amount of their fees.

However, as Public Actors explains, the project was received “at least coldly by legal professionals.” Furthermore, the database on which the machine learning system is based is “biased” because it is “incomplete” in the absence of particular first instance decisions. Furthermore, “bodily injury is itself inherently very complicated, with 40 dimensions to consider, and the mobilization of resources [notamment pour étudier et prévenir les biais algorithmiques, ndlr] it was too substantial to reach an undisputed level of performance, ”said a source quoted by the media.

Send the data for research?
Therefore, a strategic committee made the decision to end the experiment on January 13. The Ministry of Justice did not confirm this announcement and simply indicated that an evaluation of the experiment was underway. If the information is confirmed, it will have to find “a legal way to save the data collected” as part of this project and “open access under conditions to researchers who continue or carry out their own work.”

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