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

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

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/