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AI in Public Sector Decision-Making Print

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Where automation is inappropriate.

DECISIONS THAT MUST BE HUMAN

Entitlement to benefits or services Enforcement and penalties Licensing and permissions Anything affecting a person's rights Anything with an appeal route

WHY

Administrative law generally requires that the authorised decision-maker decides, considers the individual circumstances, and gives reasons.

An automated system decides by pattern, not by consideration.

WHAT HAS GONE WRONG ELSEWHERE

Automated systems producing large numbers of wrong determinations against individuals, with no effective route to challenge.

Those failures caused serious harm and substantial public cost.

WHAT MAY BE AUTOMATED

Triage and prioritisation Identifying cases for review Administrative processing where no judgement is exercised Drafting

THE FLAGGING DISTINCTION

Flagging a case for human examination is appropriate.

Determining the outcome is not.

WHAT MUST BE DOCUMENTED

The basis of any system used, the testing performed, and the human review process.

WHAT TO PUBLISH

Where automated processing affects the public, transparency about its use.


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