Addressing the mass results of public sector digitalisation — Crack a Nut – Cyber Tech

Comfortable New 12 months! I hope 2024 is off to an excellent begin for you.

My final mission of final 12 months (completed on the buzzer…) was a paper increasing the concepts first floated within the DigiCon weblog put up ‘Resh(AI)ping good administration: past systemic dangers vs particular person rights?’, which sparked fascinating dialogue on the DigiCon III convention final fall.

With a barely completely different (and hopefully clearer) title, the paper is now below peer-review (and so, as at all times, feedback welcome forward of a remaining revision!).

Titled ‘Resh(AI)ping Good Administration: Addressing the mass results of public sector digitalisation’, the paper focuses on what I believe is essentially the most distinctive function of public sector digitalisation and the prime problem to conventional good administration ensures: mass results. Its summary is as follows:

Public sector digitalisation is reworking public governance at an accelerating fee. Digitalisation is outpacing the evolution of the authorized framework. Regardless of a number of strands of worldwide efforts to regulate good administration ensures to new modes of digital public governance, progress has to date been sluggish and tepid. The growing automation of decision-making processes places vital strain on conventional good administration ensures, jeopardises particular person due course of rights, and dangers eroding public belief. Automated decision-making has to date attracted the majority of scholarly consideration, particularly within the European context. Nonetheless, most analyses search to reconcile present duties in the direction of people below the precise to good administration with the challenges arising from digitalisation. Taking a important and technology-centred doctrinal method to developments below the regulation of the European Union and the Council of Europe, this paper goes past present debates to problem the sufficiency of present good administration duties. By stressing the mass results that may derive from automated decision-making by the general public sector, the paper advances the necessity to adapt good administration ensures to a collective dimension by means of an extension and a broadening of the general public sector’s good administration duties: that’s, by means of an prolonged ex ante management of organisational risk-taking, and a broader ex put up obligation of automated redress. These authorized modifications ought to be urgently carried out.

Sanchez-Graells, Albert, ‘Resh(AI)ping Good Administration: Addressing the mass results of public sector digitalisation’ (December 19, 2023). Out there at SSRN: https://ssrn.com/summary=4669589.