Rights before judicial and administrative algorithmic decisions recognized in the cases CADA, Loomis, Lazio and SyRI

Abstract

Judicial and administrative decisions issued by and with the help of algorithms invite to rethink on the need for regulation. To that extent, 4 European and US algorithmic decisions are analyzed to demonstrate, on the one hand, the need for regulation, and on the other hand, at least 12 rights that must be recognized, including access to the algorithm in understandable language, and even to the developer, to fully exercise the right to administrative and judicial defense.

Keywords:

Algorithm, artificial intelligence, right to defense, due process, automatic administrative decision