Introduction

The theories underlying automated decision-making date back several decades, but rules of public law, particularly administrative law, have only started to develop in this area over the past ten years. Different states regulate automated decision-making to varying degrees, and in some countries, prohibitions against automated decision-making may exist, or stipulations that only allow such decision-making under certain circumstances. The creation of automated decision-making systems may take place in-house, or such systems can also be purchased by public authorities, as applications made by software companies or as licenses from software companies. In such cases, the computer programs should typically be purchased by means of public procurement. Software of this kind may be a proprietary program owned by the software company, not by the public authority. Case law covering different facets of automated decision-making is still in its inception, but several interesting cases have already been resolved by courts in various jurisdictions.