The Analysis of Good Governance Concept versus Automated Decision-Making on the Example of Poland

What is it about?

The development of automated decision-making technologies creates the threat of 'de-iuridification': replacement of the legal acts’ provisions with automated, technological solutions The example of such a situation is the system used in the Polish judiciary for allocation of cases. The use of such a system, on the one hand, may increase the efficiency of states' institutions. On the other hand, it decreases the transparency of states' actions. The article examines how selected provisions of the General Data Protection Regulation concerning, among other things, data protection impact assessments, the right to not be subject to automated decision-making, information obligations, and the right to access address the challenges raised by automated decision-making. We focus on the institutional and procedural solutions regarding the involvement of expert bodies and other stakeholders in the process of specification of the norms included in the GDPR and their enforcement. We argue that the example of Poland shows that the solutions adopted in the GDPR do not shift the balance concerning regulatory power in regard to automated decision-making to other stakeholders, and - as such - do not favor a more participative approach to the regulatory processes.

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Photo by Markus Spiske on Unsplash

Photo by Markus Spiske on Unsplash

Why is it important?

We provide important insight into how does the GDPR provides certain opportunities for the implementation of good governance principles in the area of data protection law and we show how these opportunities are not used on a particular example of the implementation of automated decision-making in Poland. This provides certain insights into why it is crucial to ensure more participation and openness on the level of the European Union law.

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