Judging the algorithm

Abstract

This paper discusses an algorithmic tool introduced in the Basque Country (Spain) to assess the risk of intimate partner violence. The algorithm was introduced to address the lack of human experts by automatically calculating the level of violence based on psychometric features such as controlling or violent behaviour. Given that critical literature on risk assessment tools for domestic violence mainly focuses on English-speaking countries, this paper offers an algorithmic accountability analysis in a non-English speaking region. It investigates the algorithmic risks, harms, and limitations associated with the Basque tool. We propose a transdisciplinary approach from a critical statistical and legal perspective. This approach unveils issues and limitations that could lead to unexpected consequences for individuals suffering from partner violence. Moreover, our analysis suggests that the algorithmic tool has a high error rate on severe cases, i.e., cases where the aggressor could murder his partner—5 out of 10 high-risk cases are misclassified as low risk—and that there is a lack of appropriate legal guidelines for judges, the end users of this tool. The paper concludes that this risk assessment tool needs to be urgently evaluated by independent and transdisciplinary experts to better mitigate algorithmic harms in the context of intimate partner violence.