The Rule of Law and Automation of Government Decision-Making

Intelligence artificielle et application non contentieuse du droit : une réactualisation du problème du design institutionnel de Lon L. Fuller

“…Notre quatrième question se formule ainsi : les citoyens ont-ils la capacité de participer, de contester et de se faire expliquer les décisions qui les concernent de près ou de loin et qui sont prises dans un contexte étatique? « Individuals must have a right to access, challenge and rectify the information that government is using to make decisions affecting them 161 . » Il est évident qu'autant en contexte juridique que managérial, l'application contentieuse et judiciaire du droit doit subsister.…”

Machine Learning, Cognitive Sovereignty and Data Protection Rights with Respect to Automated Decisions

“…Additionally, they detract from 'rule of law' ideals. 40 BDA-supported practices also carry risks well beyond the sphere of social welfare and civil liberties. In respect of market dynamics, for instance, 'price-bots' and 'computer cartels' may facilitate anti-competitive collusion between market participants, 41 while 'high frequency trading' may threaten the integrity and long-term societal value of financial markets.…”

Data Protection Impact Assessments as rule of law governance mechanisms

“…Wrongly denying people such rights could be in breach of the UK's international human rights obligations. Moreover, the opacity of the systems result in difficulties for people to understand the decisions made about them, which in turn could affect their right to access to justice (Zalnieriute et al, 2019). It will be more difficult for people to challenge an unlawful decision if they are not informed of the basis for that decision.…”

“…Partially automated systems that are developed with transparency and explanation by design will help human decision-makers to understand the nature of and basis for the result of the automated data processing, and to therefore properly take that automated processing into account in their decision (Zalnieriute et al, 2019). This includes enabling human decision-makers to disregard the result of automated data processing where the explanation for the result indicates that irrelevant factors were taken into account in the system.…”

“…Rather than arguing against government use of data processing systems, this article translates between data-focused, legal, and policy epistemologies to provide some shared understanding of the rule of law risks posed by government use of data processing systems. There could be advantages in rule of law terms to using such systems for public purposes, such as ensuring that only legally relevant considerations are taken into account in a decision as required by administrative law (Zalnieriute et al, 2019). Interdisciplinary approaches are needed for good design and good governance of such systems, incorporating expertise across a range of areas including data science, digital technology, design, human rights and administrative law, and policy.…”