Algorithmic decision-making and legality: public law dimensions
Public online seminar, 12-1pm 29 July 2020 AEST
Dr Will Bateman is a Senior Lecturer at ANU College of Law. He leads research projects on the regulation of artificial intelligence, and is currently spearheading a major project on the formulation of model legal frameworks to govern artificial intelligence in the public sector. He also collaborates with computer science experts in designing ethical and lawful algorithmic decision systems. For further information on Dr Bateman's research and publications, see his full profile here
Abstract
Automating the exercise of statutory powers through algorithmic decision-making carries high levels of legal risk. Fundamental public law doctrines assume that legal powers will be exercised by a particular kind of decision-making agent: one with sufficient cognitive capacities to understand the interpretative complexity of legal instruments and respond to highly dynamic environments. Public law doctrines also assume that clear reasons can be given for the exercise of public power and, by default, attribute legal responsibility for the exercise of statutory powers to a human being bearing political and social responsibility. Those doctrines provide the standards against which the legality of algorithmic decision-making in the public sector must be tested and, until they are met, lawyers should be very sceptical of suggestions that statutory powers can be automated.
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