Joyful New 12 months! I hope 2024 is off to a superb begin for you.
My final venture of final yr (completed on the buzzer…) was a paper increasing the concepts first floated within the DigiCon weblog publish ‘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 totally different (and hopefully clearer) title, the paper is now underneath peer-review (and so, as all the time, feedback welcome forward of a last revision!).
Titled ‘Resh(AI)ping Good Administration: Addressing the mass results of public sector digitalisation’, the paper focuses on what I feel 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 remodeling public governance at an accelerating price. 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 rising automation of decision-making processes places important 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 current duties in the direction of people underneath the best to good administration with the challenges arising from digitalisation. Taking a crucial and technology-centred doctrinal strategy to developments underneath the regulation of the European Union and the Council of Europe, this paper goes past present debates to problem the sufficiency of current 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 way of an extension and a broadening of the general public sector’s good administration duties: that’s, by way of an prolonged ex ante management of organisational risk-taking, and a broader ex publish obligation of automated redress. These authorized modifications needs 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.
