The Defender of Rights insists on the necessity of monitoring the use of algorithms by public administrations

Publié le 22 February 2025 à 02h32
modifié le 22 February 2025 à 02h32

The use of algorithms by public administrations raises fundamental questions about ethics and social justice. The Defender of Rights sounds the alarm by calling for rigorous monitoring of automated systems. These systems, while promising, can lead to discriminatory biases and irresponsible decisions, thus risking equitable access to public services. The necessity for strict regulation appears as an unavoidable imperative to preserve our fundamental rights.

The necessity to monitor the use of algorithms

The report recently published by the Defender of Rights highlights the urgency to establish control over the algorithms used by public administrations. These systems, which handle data related to taxes, social aid, or school orientation, are often perceived as innovative technological solutions. However, their use raises questions about the transparency and fairness of the resulting decisions.

Illustrative examples of abuses

An emblematic case mentioned in the report discusses a young retiree facing administrative difficulties within her pension fund. After posting a comment on the public services website, she receives an automated response generated by artificial intelligence. This exchange reflects a potential abdication of responsibility, where human oversight seems absent.

The automatic handling of requests can lead to significant biases. The system Affelnet, for example, allocates places in public high schools based on predetermined criteria. Errors in the handling of certain files have not been corrected, demonstrating the risk of impersonal processing of cases.

The challenges of regulation

French and European legislative texts theoretically frame the use of algorithms. This includes ensuring human intervention when important decisions are at stake. Nevertheless, the report highlights gaps in implementation and the need for stricter regulation. Algorithms, especially those that learn autonomously, can develop biases that affect outcomes unpredictably.

Recommendations for effective oversight

The Defender of Rights recommends several actions to enhance the oversight of algorithms. The first involves establishing regular audits to ensure that these systems respect the rights of citizens. These checks would help identify and correct distortions present in automated decision-making.

Furthermore, sharing the source code of algorithms is essential. This transparency would strengthen user trust in the systems implemented by administrations, allowing them to evaluate their functioning. Citizen participation in the evaluation of algorithms could also enrich these checks and contribute to better social justice.

Towards proactive regulation

To prevent potential discrimination, awareness regarding the use of algorithms is crucial. Administrations must ensure that their tools respect the ethical principles that underpin our society. The challenge remains: to shift from mere regulation to proactive regulation that incorporates values of protection and fairness.

Impacts of AI on fundamental rights

The rise of artificial intelligence raises unprecedented questions concerning fundamental rights. Automated systems revise access to essential services, which can harm the most vulnerable. Respecting and protecting these rights must remain at the heart of public institution concerns.

Vigilance is necessary in the integration of new technologies. Recent examples, such as those related to AI tools criticized in immigration decisions, show that the lack of adequate regulation can lead to abuses. Such situations require rigorous oversight to ensure ethical and respectful use of human rights.

Transparency proves to be a fundamental tool for trust. Administrations must share their practices regarding the use of algorithms. The more transparent a system is, the less likely it is to generate fears about its consequences.

Conclusion on the future of algorithms

The urgent need to regulate the use of algorithms has become an unavoidable reality. The archaic mistrust of automation must give way to constructive dialogue, where citizens have their say. The only way to guarantee a just and equitable administration lies in a conscious and responsible regulation of algorithms.

Frequently asked questions about the monitoring of algorithms by public administrations

Why is monitoring algorithms by public administrations important?
Monitoring is essential to ensure that algorithms do not create discrimination and respect the fundamental rights of citizens when used in public services.
What types of algorithms are used by public administrations?
Administrations use various algorithms for tasks such as tax calculation, allocation of social aid, and management of school assignments, among other administrative processes.
How does the Defender of Rights evaluate the effects of algorithms on citizens?
The Defender of Rights conducts studies and analyses to identify potential biases and abuses of automated systems to ensure they comply with standards of transparency and fairness.
What are the recommendations of the Defender of Rights to improve the regulation of algorithms?
She recommends, in particular, the establishment of human checks in the decision-making process of algorithms, as well as increased transparency and regular audits of the systems used.
How can users report a problem related to the use of algorithms by administrations?
Users are encouraged to share their experiences, especially in cases of unfair treatment, by contacting the relevant services or submitting an appeal to the Defender of Rights.
What types of biases can be introduced by algorithms used in the public sector?
Biases can stem from biased data, gaps in the development of the algorithms, or a lack of human oversight, leading to unfair or discriminatory decisions against certain groups.
Does the GDPR play a role in regulating public algorithms?
Yes, the GDPR imposes obligations of transparency and accountability regarding the processing of personal data, which includes the use of algorithms in the context of public services.
What are the consequences of a lack of regulation of algorithms in administrations?
Without regulation, there is an increased risk of discrimination, systemic errors, and loss of citizens’ trust in public services, which can harm the quality of decisions made.
How can citizens learn about the use of algorithms by their local administration?
Citizens can consult reports published by the Defender of Rights, visit the administrations’ websites, and participate in public consultations to obtain information on current algorithmic practices.
What are the key points of the Defender of Rights’ position regarding algorithms?
The Defender of Rights emphasizes the need to ensure transparency, avoid biases, guarantee human intervention, and establish clear procedures for appealing algorithmic decisions.

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