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PreprintCited by 1Digitalization, Law, and RegulationEthics and Social Impacts of AIAdministrative Law and Governance

Public Data, AI Applications and the Transformation of the State: Contemporary Challenges to Democracy

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Kouroutakis, Antonios E.·2023·SSRN Electronic Journal
DOI 10.2139/ssrn.4569189
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Abstract

The use of AI applications and their abilities might have an unparallel transformative force on the state and the administration’s relationship with citizens. Their application has the potential to usher in a new paradigm where alternative ways to perform administrative tasks may emerge. The deployment of such technology in the private and the public sector signals that the time has come for their regulation. The current EU legal framework and proposed legislation for regulating AI is limited in critical ways, as demonstrated by the analysis of the AI Act and positive law in the Part A. This article argues that AI applications employed by the public sector should be subject to a separate risk category for two reasons: first because specific safeguards are necessary in relation to the AI applications in the public sector in order to enhance the legitimacy and accountability of such applications, and second because AI applications in the public sector with access to the lake of data of the state create an unprecedented public resource, which must be safeguarded from malicious incumbents who would be keen to take advantage of such resource for self-entrenchment purposes.

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  • The coverage of anticipatory measures such as the pre-deployment fundamental rights impact assessment can be expected to cover only a fraction of AI uses by the public sector.

    “The coverage of anticipatory measures such as the pre-deployment fundamental rights impact assessment can thus be expected to only cover a fraction of AI uses by the public sector-which has been criticised, e.g., by (Kouroutakis 2023).”

    From Resh(AI)ping Good Administration: Addressing the Mass Effects of Public Sector Digitalisation (2024) · cites this paper as Kouroutakis 2023

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Authors
Kouroutakis, A. E.
Affiliations
IE University (ES)
Corresponding author
Kouroutakis, Antonios E.
ORCID
Kouroutakis, Antonios E.
Venue
SSRN Electronic Journal
Publisher
Elsevier BV
Published
2023
ISSN
1556-5068 (ISSN-L)
DOI
10.2139/ssrn.4569189
OpenAlex
W4387415378
Cited by
1
References
26
Citations by year
2024: 1
Type
posted content
Language
en
Open access
Locations
  • SSRN Electronic Journal (acceptedVersion)
  • IE Repository (submittedVersion, cc-by-nc-nd)
Topics
  • Social Sciences › Law › Digitalization, Law, and Regulation
  • Social Sciences › Safety Research › Ethics and Social Impacts of AI
  • Social Sciences › Political Science and International Relations › Administrative Law and Governance
Keywords
AI regulation, EU AI Act, public data, democratic legitimacy, accountability, risk assessment, AI governance, democratic backsliding

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