AUTOMATION OF PROCESSES IN PUBLIC ADMINISTRATION IN SELECTED MEMBER STATES OF THE EUROPEAN UNION

The article examines the current legal status of automation of decision-making processes in public administration in eleven Member States of the European Union. Based on the analysis and comparison of the legal basis of fully automated decision-making, the legal regulation of partially automated administrative proceedings, specific institutions serving to protect the rights and legitimate interests of persons affected by automated decisions, and experiences with the implementation of automation into public administration decision-making processes in the countries studied, the author formulates recommendations that the Slovak legislator should adhere to when introducing automation into public administration decision-making processes. In light of the findings and requirements arising from Art. 2 para. 2 of the Constitution of the Slovak Republic and Art. 22 (2) (b) of the GDPR, it is recommended that the Slovak legislator establish the automation of decision-making processes in public administration on an explicit legal basis that takes into account the general limits of the admissibility of automated decisionmaking, while at the same time enshrining special guarantees of legality. Their purpose should be, in particular, to ensure the transparency and non-discrimination of automated decisionmaking, the responsibility of a specific public administration body for an automated decision, and its reviewability by a human.