Artificial intelligence on public sector in Portugal: first legal approach

• Published in: Juridical Tribune Vol. 13; no. 2; pp. 149 - 170
• Main Author: Pedro, Ricardo
• Format: Journal Article
• Language: English
• Published: Bucharest Society of Juridical and Administrative Sciences 01.06.2023; Societatea de Stiinte Juridice si Administrative; Societatea de Stiinte Juridice si Administrative (the Society of Juridical and Administrative Sciences); Bucharest University of Economic Studies
• Subjects: Administrative Law; Algorithms; Artificial intelligence; Climate change; ICT Information and Communications Technologies; Jurisdiction; portuguese context; Public Administration; Public law; Public policy; Public sector; Public services; Public use; reasoning; Settlements & damages; Social Informatics; Sociology of Law; state liability; Transparency; Portugal; Europe; Portuguese context; artificial intelligence; public law; transparency; reasoning; state liability
• ISSN: 2247-7195; 2247-7195; 3008-637X; 2248-0382
• DOI: 10.24818/TBJ/2023/13/2.01

This introductory and exploratory study delves into the use of Artificial Intelligence (AI) systems in the public sector in Portugal. Our focus is on the role of public policies in promoting AI use in the public sector and the importance of Public Law in regulating its impact. We highlight specific provisions on regulating the public use of AI, the principle of good administration, and the transparency and justification of administrative activity carried out through AI systems. We also consider the (judicial) control of administrative activity supported by AI systems by the administrative jurisdiction, as well as the measure of the legal admissibility of AI systems' use by the public jurisdiction. Lastly, we analyze the particularities of State liability for damages caused by (public) AI systems, with a focus on the exercise of the administrative function.