Artificial intelligence on public sector in Portugal: first legal approach

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific...

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Main Author: Ricardo Pedro
Format: Article
Language:English
Published: Bucharest University of Economic Studies 2023-06-01
Series:Juridical Tribune
Subjects:
Online Access:https://tribunajuridica.eu/arhiva/An13v2/1.%20Ricardo%20Pedro.pdf
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author Ricardo Pedro
author_facet Ricardo Pedro
author_sort Ricardo Pedro
collection DOAJ
description This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.
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spelling doaj.art-0e83b24a37c6445494f023add8e566312024-04-08T07:42:59ZengBucharest University of Economic StudiesJuridical Tribune2247-71952248-03822023-06-0113214917010.24818/TBJ/2023/13/2.01Artificial intelligence on public sector in Portugal: first legal approach Ricardo Pedro0https://orcid.org/0000-0001-6339-5140Research member of Lisbon Public Law – CIDP; Faculty of Law, Lisbon University, PortugalThis introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function. https://tribunajuridica.eu/arhiva/An13v2/1.%20Ricardo%20Pedro.pdfartificial intelligencepublic lawtransparencyreasoningstate liabilityportuguese context
spellingShingle Ricardo Pedro
Artificial intelligence on public sector in Portugal: first legal approach
Juridical Tribune
artificial intelligence
public law
transparency
reasoning
state liability
portuguese context
title Artificial intelligence on public sector in Portugal: first legal approach
title_full Artificial intelligence on public sector in Portugal: first legal approach
title_fullStr Artificial intelligence on public sector in Portugal: first legal approach
title_full_unstemmed Artificial intelligence on public sector in Portugal: first legal approach
title_short Artificial intelligence on public sector in Portugal: first legal approach
title_sort artificial intelligence on public sector in portugal first legal approach
topic artificial intelligence
public law
transparency
reasoning
state liability
portuguese context
url https://tribunajuridica.eu/arhiva/An13v2/1.%20Ricardo%20Pedro.pdf
work_keys_str_mv AT ricardopedro artificialintelligenceonpublicsectorinportugalfirstlegalapproach