A Truly Impersonal Body. Can an Algorithm Be a Public Administration Body? (Comments from the Perspective of the Polish Legal System)

The article aims to determine whether, considering the current understanding (definition) of the term “public administration body,” it would be possible for the personal substrate of such a body to be replaced by an artificial intelligence algorithm. In other words, it is a matter of discovering whether a public administration body can exist and operate without human beings. The inspiration for such an article is the issue of eliminating the “human factor” from public administration, which seems to be the most unreliable element of the public administration system. The analysis took into account the concepts of public administration body as viewed by legal scholars and commentators (impersonal and personalistic concepts), as well as the actual normative environment of public administration bodies. As a result of the analysis, four fundamental problems have been identified, which need to be solved beforehand in order to consider the possibility of replacing a human being within public administration bodies with an artificial intelligence algorithm.