Politics and algorithmic articulation of law: tracing the discrepancies and backstage decision-making in the development of the profiling algorithm in Polish labour market policies

Abstract Understanding how law is articulated by computer means becomes crucial amid the widespread use of algorithmic decision-making systems (ADMs) in public policies. Based on a case study of the profiling algorithm deployed in labour market policies in Poland, this article contributes to the debate on computer representation of law. Using unique data concerning ADMs and their development, we address the following questions: How is the law articulated through algorithms? Who produces, and how , what kinds of discrepancies between the law and ADMs? Our analysis revealed discrepancies that were indicative of political decision-making that go far beyond adaptations of law to the requirements of ADMs. Furthermore, contrary to what the literature suggests, these discrepancies were a product of backstage decision-making by traditional policy-makers – executive and public administration – rather than system-level bureaucrats. Thus, we argue for the need to incorporate the political dimension more systematically into the analysis of computer articulation of law.