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Welcome! regulatory requirements for algorithms used for governmental decisions Automated decision making in NL My emperical / legal study, Automated chain decisions & February 2018 Administrative justice / legal protection Whats the


  1. Welcome! regulatory requirements for algorithms used for governmental decisions

  2. Automated decision making in NL

  3. My emperical / legal study, Automated chain decisions & February 2018 Administrative justice / legal protection What’s the influence of automated chain decisions on administrative justice and legal protection?

  4. The bad news: it is in Dutch!

  5. 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

  6. And on Youtube! English subtitles And on youtube with English subtitles

  7. 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)

  8. What is automated administrative chain decision making?

  9. data Algo- Automated data rithms decision data

  10. data Algo- Automated data rithms The CHAIN EFFECT decision data

  11. Administrative agency B Administrative agency A data Automated decison in Algo- data rithms chain computerati zation Algo- Automated data rithms decison Q1 Q2

  12. ADM: Necessity in reallocation of financial resources

  13. Conclusion after emperical study Step by step and unintended: the legal protection of citizens has diminished Two weak links: o no documents available to study the decision rules o 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

  14. Overall: the law itself is not a factor for engineers How to regulate?

  15. 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

  16. Digital literacy In NL: elements of AI transformed:

  17. 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/

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