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    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>Bias through Verifiability</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>Lukas J. Hondrich</string-name>
          <email>lukas.hondrich@fernuni-hagen.de</email>
          <xref ref-type="aff" rid="aff0">0</xref>
          <xref ref-type="aff" rid="aff1">1</xref>
          <xref ref-type="aff" rid="aff2">2</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>Hannah Ruschemeier</string-name>
          <email>hannah.ruschemeier@fernuni-hagen.de</email>
          <xref ref-type="aff" rid="aff1">1</xref>
          <xref ref-type="aff" rid="aff2">2</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Charité Universitätsmedizin Berlin</institution>
          ,
          <addr-line>Berlin</addr-line>
          ,
          <country country="DE">Germany</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>EWAF'23: European Workshop on Algorithmic Fairness</institution>
        </aff>
        <aff id="aff2">
          <label>2</label>
          <institution>FernUniversität Hagen</institution>
          ,
          <addr-line>Hagen</addr-line>
          ,
          <country country="DE">Germany</country>
        </aff>
      </contrib-group>
      <abstract>
        <p>The phenomenon of human bias finds a new facet in the hybrid human-machine interaction of today's digitized decision-making systems: automation bias describes the fact that human decision-makers overly trust machine-generated decision proposals, sometimes against their better knowledge. Although human involvement in hybrid human-machine systems is the practical rule compared to fully automated systems in institutionalized decision-making processes, it is not clear how this can be operationalized in a safe, adequate and legally compliant way. In its current legislated form, human interaction does not ensure meaningful human involvement, it also represents a systemic avenue to shirk responsibility by decision support system manufacturers and deployers. In this paper, we analyze the literature on human performance in automated systems and automation bias and identify verification behavior as the key variable ameliorating automation bias. Based on the empirical evidence for automation bias and its cognitive-behavioral correlates, we propose verifiability as a minimum necessary requirement for meaningful human involvement. We argue that verifiability might be subdivided into 1) the intrinsic verification complexity of a system, 2) factors relating to the verification propensity of a user, and 3) the contextual factors influencing verification.</p>
      </abstract>
      <kwd-group>
        <kwd>automation bias</kwd>
        <kwd>human centered computing</kwd>
        <kwd>algorithmic regulation</kwd>
        <kwd>human-in-the-loop</kwd>
        <kwd>verification</kwd>
      </kwd-group>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>1. Automation Bias, Safety and Fairness</title>
      <p>
        The digital transformation has led to the ubiquity of algorithmically influenced decisions.
Government and private actors are replacing formerly purely human decision-making processes
entirely with computer systems or – in the plural – are pre-structuring human decision-making
with automated decision proposals. Automated decision-making systems (ADMS) make
existentially significant decisions about humans, such as the distribution of child benefits [
        <xref ref-type="bibr" rid="ref1">1</xref>
        ], the
allocation of support measures in the labor market [
        <xref ref-type="bibr" rid="ref2">2</xref>
        ], or creditworthiness [
        <xref ref-type="bibr" rid="ref3">3</xref>
        ]. This is intended
to make decision-making processes more efective, eficient, rational or neutral.
      </p>
      <p>However, numerous examples of algorithmic errors, due to a deficient data basis, programming
errors or incorrect application have shown that the digitization of decision-making processes is
not eficient, desirable or compatible with the principles of the rule of law and the protection of
fundamental rights in all areas. When it comes to the regulation of ADMS, current law draws a
clear distinction between fully autonomous systems, practically prohibiting them by Article 22
GDPR, and decision support systems that are significantly less regulated. However, decades
in psychological and human factors research show that humans perform comparably weak
in passive monitoring tasks [4] and have dificulties calibrating reliance on decision support
systems [5, 6]. This leads to a rift between the assumed human performance using decision
support systems and the performance they exhibit in reality, contributing to the aforementioned
consequential failures. Systematically overestimating humans and under-regulating
humanmachine systems leads to a situation in which humans become the legal and ”moral crumble
zone” [7]. This does injustice to the persons in question that have to carry responsibility beyond
their capabilities and leads to unsafe systems. Unsafe systems, in turn, disproportionally cause
harm to already marginalized groups, perpetuating and reinforcing systemic discrimination [8].</p>
      <p>Therefore, to build safe, fair and legally compliant systems, we propose to better define
and help operationalize meaningful and substantial human involvement [9]. Furthermore, we
argue that for understanding what meaningful and substantial in the context of hybrid
humanmachine systems means, it is necessary to consult psychological, technical and human factors
research. Based on this research, we propose the concept of verifiability as a minimal necessary
requirement for meaningful and substantial human involvement in hybrid human-machine
systems.</p>
    </sec>
    <sec id="sec-2">
      <title>2. Automation Bias and Verification</title>
      <p>Automation Bias has been defined ”as a heuristic replacement for vigilant information seeking
and processing” [10], resulting in the overreliance on decision support system (DSS) output.
Research in cognitively demanding and multi-task settings pointed towards limited cognitive
resources as important factors, i.e. a) withdrawal of attention in terms of incomplete
crosschecking of information, (b) active discounting of contradictory system information, and (c)
inattentive processing of contradictory information analog to a “looking-but-not-seeing” efect
[11]. Other research, in single-task as well as social settings, still reported automation bias,
pointing towards additional social and motivational aspects, such as the image of decision
support systems as powerful agents with superior analytic capability [12], causing ”difusion of
responsibility” [13]. Such social causes might add to or interact with cognitive limitations. It is
likely that both cognitive and social-psychological mechanisms play a role in determining the
user’s cognitive strategy, that could be either be geared towards impression management and
self-justification or an adaptive cognitive strategy, focused on self-critical thinking and taking a
broader range of alternatives and options into account [14].</p>
      <p>Importantly, this adaptive cognitive strategy was in turn associated with more ”verification
behavior” [14] and naturally to less automation bias. Verification behavior is a broad term
referring to checking for the correctness of DSS output. In the context of technical properties
of DSS a related term, verification complexity, and implicitly verification behavior, have been
defined as the number of necessary steps (acquire, transform, interpret, or use steps) to check
for correctness of DSS output [15].</p>
      <p>Performing these steps requires cognitive resources - in line with this, Lyell and Coiera [15]
report that interventions aimed at reducing cognitive load were most efective in reducing
automation bias. Such interventions were aimed at the DSS itself, e.g. better user interfaces that
integrated well with user’s prior training as well as the DSS environment, for instance reducing
distractions.</p>
      <p>In the context of machine and deep learning, the subfield of explainability gained popularity.
While explainability and verifiability are not synonymous, they ultimately share the same goal
making it easier for humans to check for correctness of processing and output. Not only is this
verifiability a prerequisite for fairness, but in certain areas of decision-making, such as public
administration, justification is required by the rule of law. Such justifications in turn require
knowledge and understanding of the reasons for the decision.</p>
      <p>To summarize, the importance of verifiability of machine output for human involvement
is well reflected in the technical and human factors research. We argue that verifiability - if
expanded to encompass all aspects that drive verification behavior (technical, social, contextual)
- can represent a valuable design principle for decision support systems and should be taken
into account by attempts to formulate legislation around decision support systems.</p>
    </sec>
    <sec id="sec-3">
      <title>3. Verifiability as a Minimal Necessary Requirement for</title>
    </sec>
    <sec id="sec-4">
      <title>Meaningful and Substantial Human Involvement</title>
      <p>Empirical research on automation bias and generally human performance in automated systems,
showed a range of diferent factors that drive the severity of automation bias ([ 12, 6, 15]).
Parasuraman et al. [4, 12] subdivided these factors into properties of the system (degree
of automatization, reliability, etc.), properties of the situational context (degree of personal
responsibility, cognitive load, etc), properties of personality (self-eficacy, attitude towards
technology, etc.) and the psychological state of the user (tiredness, motivation, etc.). Goddard
et al. [6], similarly, subdivided important factors into DSS factors, environment factors and
user factors. Accordingly we propose to structure aspects that determine verifiability into DSS
factors, i.e the intrinsic verification complexity [ 15] of a system, user factors, i.e. verification
propensity of a user [10], e.g. psychological traits (e.g., confidence of in their ability to scrutinize
decisions[16]) and states (e.g., tiredness), as well as context factors, e.g. time constraints or
cognitive load [15].</p>
      <sec id="sec-4-1">
        <title>3.1. Non-compensatory Nature of Verifiability Factors</title>
        <p>A suficiently verifiable hybrid human-machine system in our view necessitates the DSS to be
verifiable and the user having the capacity and the context being favorable to verification. In
this scenario the “the weakest link”, i.e. the lowest verifiability factor, would limit the overall
verifiability. This is suggested by previously mentioned studies in which manipulation of
individual DSS, user and context factors was associated with a significant efect on automation
bias. Additionally, recent critiques of explainability may be interpreted in going into a similar
direction; i.e. that explainability of a system in itself may not be suficient and not even be
properly definable without taking the specific user and context into consideration. For instance
[17] raised the point that explanations without allowing for integration with a user’s expertise
may be counterproductive and risky as seen in the case of the COMPAS-system, where judges did
not have the information that severity of crime was not included in the 130+ input variables of the
system, and thus likely excluding this critical piece of information in their risk assessment. This
seems particularly important when hybrid decision-making procedures are used in traditionally
grown and analogue institutions, such as the judicial system. Accordingly, newer frameworks
formulating standards for explanations take user and context factors into consideration (compare
to usability requirements, operational requirements and validation requirements proposed for
explainability factsheets [18]).</p>
      </sec>
      <sec id="sec-4-2">
        <title>3.2. Interaction Efects between DSS, User and Contextual Factors</title>
        <p>Another important characteristic are possible interaction efects between DSS, user and context
factors that may lead to unexpected overall verifiability and thus occurance of automation
bias. Various studies, e.g. [19, 20], reported that explanations may lead to worsening of
automation bias due to increased, unwarranted trust in the DSS, pointing at interactions
between DSS- and user factors. Other studies, e.g. [10], found that social accountability may
lead to difering cognitive strategies, i.e. impression management or verification behavior,
putatively depending whether users felt responsible for the outcome or the process of the
decisions, pointing at an interaction efect of context factors (social accountability) with user
factors (construction of accountability, self-eficacy and self-trust). Another meta-analysis ([ 21])
found that advantageousness of the locus of accountability depended on the task dificulty, with
easier tasks benefiting from accountability on the process, while more dificult ones benefiting
from outcome accountability - pointing at an additional interaction with the factor of verification
complexity of the DSS.</p>
      </sec>
    </sec>
    <sec id="sec-5">
      <title>4. Conclusion</title>
      <p>We argue for a stronger focus on the risks of hybrid decision-making systems and for the
translation of psychological findings into normative guidelines. The current diferentiation
in EU law between fully automated and partially automated decision-making systems is not
convincing in view of the comparable risks for the protected legal interests (legal protection
of the individual, prohibition of discrimination, equal opportunities, legal obligation of the
administration). With concrete implementation, procedural requirements such as diferent
levels of review, ex ante assessments of systems or rotation requirements are just as conceivable
as rights of data subjects, facilitation of evidence or substantive requirements along the lines of
Article 22 of the GDPR.
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