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Contribution to Handbook

Automated Decision-Making and Transparency in Administrative Law


Finck,  Michele
MPI for Innovation and Competition, Max Planck Society;

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Finck, M. (2020). Automated Decision-Making and Transparency in Administrative Law. In P. Cane, H. C. H. Hofmann, E. C. Ip, & P. L. Lindseth (Eds.), The Oxford Handbook on Comparative Administrative Law (pp. 658-676). Oxford: Oxford University Press.

Cite as: https://hdl.handle.net/21.11116/0000-0003-BCBE-4
This chapter examines the uses of automated decision-making (ADM) systems in administrative settings. First, it introduces the current enthusiasm surrounding computational intelligence before a cursory overview of machine learning and deep learning is provided. The chapter thereafter examines the potential of these forms of data analysis in administrative processes. In addition, this chapter underlines that, depending on how they are used; these tools risk impacting pejoratively on established concepts of administrative law. This is illustrated through the example of the principle of transparency. To conclude, a number of guiding principles designed to ensure the sustainable use of these tools are outlined and topics for further research are suggested.