Welcome! 1600 regulatory requirements for algorithms used ... · Welcome! regulatory requirements...
Transcript of Welcome! 1600 regulatory requirements for algorithms used ... · Welcome! regulatory requirements...
Welcome!regulatory requirements for algorithms used for
governmental decisions
Automated chain decisions &
Administrative justice / legal
protection
What’s the influence
of automated chain
decisions on
administrative
justice and legal
protection?
My emperical / legal study, February 2018
The bad news: it is in Dutch!
The good news
Open access with English summary (and French)
• https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3422781
• https://pure.uvt.nl/ws/portalfiles/portal/20399771/Van_Eck_Geautomatiseerde_ketenbesluiten.pdf
And on youtube with English subtitles
And on Youtube! English subtitles
Focus of study: legal protection
1) administrative justice
2) effective remedy at independent judge who can squash the decision
(note the difference in approach regarding GDPR: in my study the theoretical glasses were those of administrative law > in NL the previous EU directive played no role whatsoever in legal case law)
What is automated administrative chain decision making?
Automateddecision
data
data
data
Algo-
rithms The CHAIN EFFECT
Automateddecison in
chain computerati
zationAutomated
decison
Administrative agency A Administrative agency B
Q1 Q2
data
data
data
Algo-
rithms
Algo-
rithms
ADM: Necessity in reallocation of financial resources
Conclusion after emperical study
Step by step and unintended: the legal protection of citizens has diminished
Two weak links:
ono documents available to study the decision rules
ochain effect accumulates problems for citizens: the administrative judge is as caged as the civil servant.
Overall: the law itself is not a factor for engineers; it is the steering of the engine rather than the relation government-citizen
Overall: the law itself is not a factor for engineers
How to regulate?
Attitude!!!• Flexible systems
• Kafka Buttons
• Interdisciplinary judges
• annul decisions that don’tmatch the rules (create a business case for governmentto justify the use of scarcemoney on transparancy/explainability) like in France
Digital literacy
In NL: elements of AI transformed:
Interested in Admin Law andautomated decision making?
• https://wordpress.com/view/automatedadministrativedecisionsandthelaw.wordpress.com
• https://automatedadministrativedecisionsandthelaw.wordpress.com/2020/01/08/study-on-supervising-the-use-of-algorithms-by-the-government/