Can AI-Based Decisions be Genuinely Public? On the Limits of Using AI-Algorithms in Public Institutions

Jus Cogens 6 (1):47-64 (2024)
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Abstract

AI-based algorithms are used extensively by public institutions. Thus, for instance, AI algorithms have been used in making decisions concerning punishment providing welfare payments, making decisions concerning parole, and many other tasks which have traditionally been assigned to public officials and/or public entities. We develop a novel argument against the use of AI algorithms, in particular with respect to decisions made by public officials and public entities. We argue that decisions made by AI algorithms cannot count as public decisions, namely decisions that are made in the name of citizens and that this fact should be taken into consideration when utilizing AI to replace public officials.

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