Abstract
Automating administrative decision-making through the use of algorithms integrated into administrative procedures constitutes a major goal of both the Polish government and the EU. Notwithstanding the undeniable benefits of automated administrative decision-making, the tentative development of the law regulating administrative procedures in this regard translates into risks to important elements of administrative due process. Although a systematic regulatory approach to automated administrative decision-making is lacking, an analysis of the provisions of the GDPR concerning profiling algorithms and automated decision-making may prove rewarding, given that they may directly affect the procedural rights of parties in proceedings before national authorities. On the other hand, the imprecise language of the GDPR makes it susceptible to interpretations deeply embedded in the hitherto elaborated practices of the Polish administrative procedure. The article analyses the intersection between the GDPR and Polish administrative procedure in order to examine the potential for mutual influences between both frameworks.
Highlights
INTRODUCTORY REMARKSAs many routine administrative processes are increasingly susceptible to automation through the use of algorithms, a core aim of both the Polish government[1] and the EU2 is to expand the share of public services delivered by digital means
In the context of these considerations, it has to be determined to what extent and in which way the GDPR will influence Polish administrative procedures and whether the GDPR-approach to automated decision-making (ADM) can be generalized to provide a broader framework for delivering public services by administrative authorities
Not much space is left to national legislators in order to interpretatively align administrative procedures with its terms.[76]
Summary
As many routine administrative processes are increasingly susceptible to automation through the use of algorithms, a core aim of both the Polish government[1] and the EU2 is to expand the share of public services delivered by digital means. Algorithms can only be considered to ‘automate’ a specific procedure in the sense that they can run continuously and translate inputs (data) into outcomes, such as administrative decisions They must have their parameters and uses specified by humans and be deployed in accordance with the applicable legal framework.[6]. Automating administrative action in a way that makes use of emergent technologies and simultaneously safeguards individual rights can only be achieved if the established procedural frameworks are adjusted to the digital environment. In the context of these considerations, it has to be determined to what extent and in which way the GDPR will influence Polish administrative procedures and whether the GDPR-approach to ADM can be generalized to provide a broader framework for delivering public services by administrative authorities.
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