Welcome! regulatory requirements for algorithms used for - - PowerPoint PPT Presentation

Welcome! regulatory requirements for algorithms used for governmental decisions

Automated decision making in NL

Automated chain decisions & Administrative justice / legal protection

What’s the influence

• f 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?

Automated decision data data data

Algo- rithms

Automated decision data data data

Algo- rithms

The CHAIN EFFECT

Automated decison in chain computerati zation Automated 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:

• no documents available to study the decision rules
• chain 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’t

match the rules (create a business case for government to justify the use of scarce money on transparancy/explainability) like in France

Digital literacy

In NL: elements of AI transformed:

Interested in Admin Law and automated decision making?

• https://wordpress.com/view/automatedadministrativ

edecisionsandthelaw.wordpress.com

• https://automatedadministrativedecisionsandthelaw.

wordpress.com/2020/01/08/study-on-supervising- the-use-of-algorithms-by-the-government/