Creating Legal Basis for Automated Decision-making: A Review of Section 53 e of Finland’s Administrative Procedure Act and Beyond

ABSTRACT With increasing automation within the public administration of Finland during the past two decades, it became clear that there existed a lack of legal basis for automated decision-making. After various legal opinions to that effect, the Parliament corrected the situation by adding to the Administrative Procedure Act a foundational provision and made some other additions to the legislation. The law now covers fully automated decision-making and rules out the use of machine-learning techniques for fully automated decision-making, which is limiting the options for software production to rule-based systems. However, the new regulation does not extend itself to semi-automated systems used for assisting functions, although such systems may have legal implications for individuals. Therefore, the law-maker should create a mandatory protocol that prevents the turning over without full consideration the results achieved by machine-learning applications when used in supporting capacities.

KEYWORDS Automated decision-making - Rule-based systems - Administrative law - Legal accountability - Machine learning

TABLE OF CONTENTS 1. Introduction. – 2. The Foundational Provision in the APA: Section 53 e. – 3. Availability of legal protection concerning automated decisions. – 4. Other applicable provisions: beyond Section 53 e. – 5. A software engineering perspective: What is regulated and what is not? – 6. Concluding remarks