Artificial Intelligence and Public Law

Government''s use of algorithmic-based decision-making is rapidly expanding across policy areas, including immigration, social security, regulation, security, and policing. This book provides the first comprehensive analysis of how public law applies to the use of artificial intelligence and automation in the public sector in England and Wales. Starting with an accessible account of the nature of AI and automated systems being increasingly deployed in the public sector, the book covers the various legal regimes which regulate their use. It considers how the principles of judicial review might be deployed to challenge automated decision-making by public authorities. It also explains how equality law, human rights law, procurement law, data protection law, and private law apply to government use of AI and automation. This book is a vital guide for practitioners in both private practice and government, and for anyone navigating this quickly changing, complex, and uncertain environment.>

Auteur

Brendan McGurk KC is a barrister at Monckton Chambers, UK.

Contenu

Part A: Introduction

1. The Nature of AI Systems and Public Authority Use Cases

Part B: The Regulation of AI

2. The Regulation of AI in the EU (And Beyond?)
3. The Regulation of AI in the UK

Part C: Checks on Public Authority Use and Acquisition of AI Systems

4. Ex-Ante Mitigation and 'Safety' by Public Authorities
5. Procurement Law: Constraints on the Acquisition of AI systems

Part D: Judicial Review

6. Judicial Review: Procedure and Evidence
7. Judicial Review: Grounds of Review

Part E: Human Rights and Equality Law

8. Human Rights
9. Equality and Non-Discrimination

Part F: Private Law Remedies

10. Private Law