Artificial intelligence in public administration and its transparency: European experience

Abstract

The article examines the legal features of artificial intelligence technology (hereinafter - AI) and the rapid digital transformation that causes the increased interest in this topic. Emerging and developing in the private sector, it is also taking shape in the sphere of public interest. In this regard, we need to conduct a thorough analysis of this technology, considering that, both directly and indirectly, AI technology can cause human rights violations. The author notes that the objective side of transparency can be expressed by the following triad of parameters: explainability, comprehensibility, and accessibility; the subjective component can be represented by the human right to an explanation of the obtained AI result (algorithm). To this extent, the right to an explanation should be classified as a digital human right. The author concludes that neither excessive regulation nor complete non-interference is appropriate or functional in developing and managing AI technologies. The article proposes to facilitate further testing of the possibility and conditions of AI technology applications, including in public administration, as part of the experimental legal regime in the area of digital innovations. In this context, the author analyzed the experience of data processing in the public administration of the European Union, which has traditionally paid increased attention to human rights and data protection. The article is based on the research work carried out within the framework of the state assignment of RANEPA.