Title: Automated Decision-Making and Delegation: Discussing Implications for EU Public Law
Author, co-author: Hofmann, Herwig
Abstract: Technological advances allow for an ever-greater autonomy of automated decision making (ADM) systems in public law. But how can these be held accountable? This paper looks at the question by reviewing some basic concepts of public law, especially legal concepts concerning the delegation of powers. The paper takes into account that ADM systems are software based, are often developed, and deployed with public-private cooperation and are based on large scale data collections. These characteristics need to be considered in developing models of accountability, looking at the relation between law and software (2), asking for procedural requirements for increasingly autonomous ADM (3), analyzing the role of private actors (4) and gives an outlook on cyber-delegation in the EU
Author, co-author: Hofmann, Herwig
Abstract: Technological advances allow for an ever-greater autonomy of automated decision making (ADM) systems in public law. But how can these be held accountable? This paper looks at the question by reviewing some basic concepts of public law, especially legal concepts concerning the delegation of powers. The paper takes into account that ADM systems are software based, are often developed, and deployed with public-private cooperation and are based on large scale data collections. These characteristics need to be considered in developing models of accountability, looking at the relation between law and software (2), asking for procedural requirements for increasingly autonomous ADM (3), analyzing the role of private actors (4) and gives an outlook on cyber-delegation in the EU