Administrative law week 9 definitions

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Questions and Answers

What is a primary characteristic of artificial intelligence as defined by European Union regulation?

AI systems cannot operate autonomously.

AI systems do not require input data.

AI systems may exhibit adaptiveness after deployment. (correct)

AI systems are incapable of making predictions.

Which of the following is identified as a risk associated with the use of AI?

Enhanced user privacy

Increased data storage capacities

Algorithmic discrimination (correct)

Lower operational costs

What step is NOT involved in formulating a problem for algorithm execution?

Determine conditions that must be met

Choose and arrange an algorithm

Translate high-level language into natural language (correct)

Specify the data

What is referred to as the 'black box' risk in algorithmic decision-making?

Lack of transparency in decision-making processes Signup and view all the answers

Which of the following statements is true regarding algorithm implementation in programming?

Source code must be written in a high-level language for machine understanding. Signup and view all the answers

What is a significant advantage of automated decision-making processes?

They speed up decision-making and reveal hidden features. Signup and view all the answers

Which aspect of algorithms in decision-making could undermine individual rights?

Potential for unlawful use of personal data Signup and view all the answers

Which action is essential for translating a high-level programming language into a machine-readable form?

Utilizing a compiler or interpreter Signup and view all the answers

What does Article 45 sec. 1 of the Polish Constitution guarantee?

The right to a fair and public hearing without undue delay Signup and view all the answers

What was the main criticism of the SRAC project by the Supreme Audit Office?

It failed to ensure accountability and transparency in its operations. Signup and view all the answers

Which of the following principles does not reflect the meaning of 'established by law' in the ECHR context?

Judicial discretion without legislative oversight Signup and view all the answers

What does the right to a competent court imply according to the Polish Constitution?

Independence and impartiality of judges Signup and view all the answers

Why did the Minister of Justice refuse to disclose the SRAC algorithm?

Source code was deemed irrelevant for public matters. Signup and view all the answers

What significant decision did the Supreme Administrative Court make regarding the SRAC algorithm?

It ruled that the algorithm is public information. Signup and view all the answers

According to the principles outlined, what constitutes a legitimate court?

A court operating with independent legal grounds Signup and view all the answers

What was the outcome of the disclosure of the SRAC algorithm?

It sparked further discussion about the operation of the SRAC. Signup and view all the answers

What is the significance of 'statutory judge' in relation to the Polish Constitution?

It refers to judges who operate independently and impartially Signup and view all the answers

What aspect of the SRAC was primarily examined by the My State Foundation?

The transparency of public information access. Signup and view all the answers

How does the allocation of cases impact the independence of judges?

It must be managed to secure judicial independence Signup and view all the answers

Which of the following is not a requirement for a hearing according to both the Polish Constitution and ECHR?

It must involve a jury Signup and view all the answers

What was necessary to protect the SRAC against errors and intentional actions?

Various functionalities ensuring transparency and accountability. Signup and view all the answers

How was the initial perspective on the shortcomings of the SRAC primarily framed?

As a barrier to fair trials. Signup and view all the answers

What concept reflects the legal framework within which a court must operate?

The principle of the rule of law Signup and view all the answers

What common task was the SRAC system designed to automate?

The randomization of case assignments. Signup and view all the answers

What is defined as public information according to the Act on Access to Public Information?

All information on public matters Signup and view all the answers

Which legislative body is tasked with regulating access to information as mentioned in the content?

The parliament Signup and view all the answers

What aspect of public matters does the explanation in the draft of the APPI focus on?

The public-law nature of activities assigned to the state Signup and view all the answers

Which of the following statements is true regarding public information access?

Not all information of public administration is accessible. Signup and view all the answers

What does Article 6 of the APPI provide?

A non-exhaustive list of public information Signup and view all the answers

What is the significance of the term 'public matter' according to the content?

It represents any activity related to public authority's assigned tasks. Signup and view all the answers

Which of the following is NOT a characteristic of public information as detailed in the content?

It includes all private information concerning public officials. Signup and view all the answers

What general rule can be derived about the handling of public information?

Only essential public information is meant to be disclosed. Signup and view all the answers

What was the main clarification made by the Council of State regarding the creator of an algorithm?

The creator has a counter-interest in the exhibition of the algorithm due to potential rights infringements. Signup and view all the answers

What did the Council of State's Judgment No. 30/2020 ultimately decide regarding Cineca?

Cineca's status as a counter-interested party was recognized. Signup and view all the answers

Which rights were highlighted as potentially harmed for Cineca if access to the data was granted?

Industrial property rights and intellectual property rights. Signup and view all the answers

What dilemma did the TAR face in its ruling?

Finding an equilibrium between the right to data access and the confidentiality of software producers. Signup and view all the answers

What was the outcome of the Ministry's appeal to the Council of State?

The appeal resulted in a annulment of the TAR's decision regarding Cineca's status. Signup and view all the answers

Which statement best describes the nature of a computer program in relation to public information?

A computer program is deemed a tool for creating public information. Signup and view all the answers

What conclusion did the regional administrative court reach regarding the algorithm used for case assignments?

The algorithm is classified as a set of technical information. Signup and view all the answers

Why is technical information not considered public information?

Technical information does not serve to inform the public about public affairs. Signup and view all the answers

How has the perception of the value of source code as public information evolved?

Source code has historically been viewed with skepticism regarding its public information value. Signup and view all the answers

What does the instruction regarding the functionality of an IT program represent?

It consists of purely technical information. Signup and view all the answers

In the context of public authorities, what did the court state about the information related to the handling of cases?

It fails to provide insights into operational modes of public authorities. Signup and view all the answers

What implication does the functional view of information have on public disclosure?

It establishes a clear distinction between technical and public information. Signup and view all the answers

What is a key characteristic of programming languages as described in the court's reasoning?

They express technical information used by programmers. Signup and view all the answers

Study Notes

Digitization, Data, Big Data, Algorithm, and Artificial Intelligence

Public administration is undergoing a significant change, with information and telecommunication technologies playing a crucial role.
Executives use algorithms in designing IT programs for data analysis and decision-making.
Algorithms are used in various government functions, including speed control, social benefit distribution, tax fraud detection, and official assignments.
Public interest in understanding how the state functions and the reasoning behind decisions has increased.
Public access to the procedures and mechanisms of the state's operations is crucial, and algorithm operations should also be public.

Data and Big Data

Data is a piece of information, ranging from personal to environmental and traffic data.
Big data refers to large and complex datasets requiring advanced technologies (like AI) for processing.
These datasets often originate from multiple sources and may be of the same type (e.g., GPS data from many phones) or a combination (e.g., health records and app use).
Big data analysis allows for rapid collection, analysis, which reveals insights, often in near real-time.

Digitization and Digitalization

Digitization is transforming analogue information into digital format.
Digitalization utilizes digital technologies to streamline decision-making processes.

Algorithms

Algorithms are encoded procedures transforming input data into desired outputs, based on specific calculations.
They define both the problem and the steps to solve it, including navigation instructions and celestial body movement prediction formulas.
Algorithms are increasingly relevant for selecting pertinent information, assisting in navigating large databases, and managing interactions in social networks.

Artificial Intelligence (AI)

AI-based systems are designed to operate with varying levels of autonomy and adaptability after deployment.
AI can infer from input to generate outputs like predictions, content, or recommendations.
These systems may influence physical or virtual environments, but potential risks exist (e.g., algorithmic discrimination, misuse of data).

Algorithms, Source Code, and Computer Programs

Computer programs execute algorithms.
Solving a problem requires clearly defining the problem, data, results, and conditions, selecting an algorithm, and choosing a tool to execute it.

Programming and Algorithms in Decision-Making

Programs translate algorithms into computer-readable language.
Algorithms play a growing role in private and public sector decision-making.
Automated decision-making systems offer increased speed and ability to identify subtle trends, but issues like lack of transparency remain concerns.

Case Law in USA (Predictive Justice)

US judges use software-based "Recidivism risk assessments" to evaluate offender recidivism risk.
These assessments predict the likelihood of future criminal behavior based on offender background data.
Wisconsin's COMPAS risk assessment considers offender interviews and criminal history to estimate recidivism risk.

Transparency of Algorithms (Poland's Example)

The System of Random Allocation of Cases (SRAC) in Poland allocates cases to judges, but has faced criticism due to complexity and lack of transparency since 2017.
Allocation of cases to judges is essential for impartial trials, complying with human rights conventions.
The transparency of algorithms used in decision-making is increasingly questioned and sought after.

Random Allocation of Cases

Random allocation of cases is a crucial element of fair court proceedings and impartiality.
Prior to 2017, case allocation was often arbitrary, lacking transparency, and reduced public trust in courts.
The 2017 random case allocation system aims to address these issues, creating a more transparent and accountable system.

Algorithm as Public Information

The source code of the SRAC system (in Poland) initially was not publicly available.
The Supreme Administrative Court in Poland ruled that the SRAC algorithm constitutes public information.
The aim of SRAC is impartiality in court, applying both random allocation and equal burdening of judges with cases.
The SRAC system is a web application, allocating cases randomly based on several factors.

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Description

Test your knowledge on the European Union's regulations concerning artificial intelligence and the implications of algorithms in decision-making. This quiz covers key characteristics, risks, and legal aspects related to AI implementation. Evaluate your understanding of critical concepts and principles in the context of algorithmic governance.