Abstract:
The use of automated decision-making systems in public affairs has raised concerns about how to ensure the rights of individuals—should they be subject to such decision-making. To alleviate these concerns, various countries have begun regulating the use of this method within the framework of public management. This article is written using a descriptive-analytical approach and draws on library resources. The research findings indicate that most countries have responded to the expansion of automated decision-making by proposing and enacting laws related to data protection. A few countries have regulated automated decision-making within the framework of general administrative law by establishing new laws or amending existing ones. Some have taken a sectoral approach, applying this type of decision-making only to specific areas of public administration. Consequently, establishing a specific, special, and comprehensive regulatory framework to organize this method of decision-making is essential. Such a framework should clarify the situations in which it is used in public management, outline the governing principles for its implementation, and include appropriate guarantees to protect individuals' rights in the context of the right to good administration.
Machine summary:
A Comparative Study of the Legal Framework of Automated Decision-Making Systems in Public Administration Zahra Ameri Assistant Professor, Department of Law, Faculty of Humanities, Bojnord University, Bojnord, Iran.
Consequently, it is necessary to establish a specific, special, and comprehensive regulatory framework to organize this decision-making method, which clarifies the situations of its use in public administration and the principles governing its implementation, and also includes appropriate guarantees to protect the rights of individuals in the process of the right to good governance.
aspx?ID=1159 Although general data protection regulations existing at the international level are important in the framework of structuring automated decision-making systems, more legal measures must be provided by national legislators to provide better and more precise guarantees in the public domain.
According to paragraph 2, the right not to be included does not apply if these legal prerequisites are met; firstly, the decision is necessary for concluding or executing a contract between the data subject and the controller (the person who alone or jointly with others determines the purposes and methods of processing personal data) (Ghanad & Sharif, 1400: 11); secondly, the decision is authorized by European Union law or national law that must provide appropriate guarantees to protect the rights and freedoms and legitimate interests of the data subject; and thirdly, the decision is based on the explicit consent of the data subject (Hofmann, 2021: 32).
(
, 
, 
)
