The digital
transformation of the public sector and automation of decision-making (ADM) processes
have recently become common. Its goal usually is to make public administration
more effective, competitive and trusted. At the same time, especially the use
of AI-based automation in the public sector contains many risks. In this
article, we will focus on the legal solutions related to these risks, in two
European countries, Finland and Hungary. Does the legal culture have an
influence on the solutions how the risks have been controlled?
Finland represents the
Nordic legal culture. Despite this quite homogeneous legal culture in general,
attitudes towards ADM related legislation differ. In some countries, such as in
Sweden, the increased interest towards ADM/AI has led only minor legislative
changes to the administrative law framework, when in Finland different path
with a stricter restrictions and detailed legislation have been chosen. East
Central Europe is as little homogeneous as the Nordic countries what comes to
the attitudes towards ADM and AI. It seems that the Europeanization plays a greater
role than the historical divisions protecting important values such
transparency and accountability in the context of ADM. As a result, Finland, as
well as Hungary, represent countries which have developed legal safeguards for
the use of ADM detailed way. Nonetheless, it is important to note that in areas
of broader national discretion, such as national security, current challenges
are testing the values of even traditionally strong rule-of-law states, such as
Finland.