Automated Decision-Making Systems and Black Box Challenges Under European Union Administrative Law

Automated Decision-Making (ADM) systems have been increasingly utilized by both private and public entities across the world to reduce errors by humans, increase efficiency, and make more consistent decisions. That is especially true in the case of the European Union. However, significant legal and ethical challenges arise because of ADM systems, subsequently giving rise to questions of compliance with underlying principles of law. This Article analyzes these challenges as they pertain to EU law through the examination of issues of accountability, transparency, and the protection of human rights.

Furthermore, the use of ADM systems has been closely regulated by the EU’s General Data Protection Regulations, the Artificial Intelligence Act, and the Digital Service Act, amongst others. Even so, it is inconceivable that problems of compliance persist, especially since the existing institutional framework is meant to regulate the use and operation of ADM systems. Compliance shortcomings are critical because said institutional framework keeps on expanding. This Article showcases the need for improved accountability, the importance of human oversight, and legal safeguards to ensure that the regulatory framework put in place ultimately upholds the fundamental principles of the EU legal order.