Vulnerability and the algorithmic public administration : administrative principles for a public administration of the future

• Autor(a) principal: Duarte, Francisco de Abreu
• Data de Publicação: 2021
• Outros Autores: Lanceiro, Rui Tavares (Autor)
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10451/61897

This article considers some of the challenges arising out of the use of information technologies (it), artificial intelligence, and automated means in public decision-making. It aims at understanding the risks posed by such technologies for citizens and inquires over the future of administrative law and the protection of fundamental rights in such context. The paper begins by show-casing a series of examples of the use of algorithms by public administrations in the areas of education, criminal justice, security and social security. it then proceeds to analyzing whether traditional administrative principles are still suitable to address these new challenges or whether it is necessary to create new rules to safeguard fundamental rights. it concludes with a call for further research, arguing for a procedural view of administrative law. It is ultimately defended that the foundational principles of administrative law are sufficient in principle but must be updated to face the new challenges of the algorithmic age