Automated decisions - fewer rules for clearer regulation SOU 2014:75

Status
Answered

From
Ministry of Enterprise and Innovation

Reply by
2015-05-11 00:00:00

Read the consultation here

The referral was received from the Ministry of Enterprise and Innovation

For a long time, the government has been engaged in extensive work to simplify regulations with the aim of reducing the administrative burden on businesses. In parallel, work has been underway to design and introduce electronic services that can be available around the clock and automated case processing where decisions are made within time frames that were previously not possible.

However, it has been shown that development is hampered by unnecessary and unnecessarily complex rules. The resulting uncertainty complicates and delays development work. One such area is the automation of decision-making by public authorities, which is being implemented at an ever faster pace. The e-delegation has also prepared a report on direct access and disclosure on media for automated processing, a central part of which is legally secure automated decisions to be made for each individual online-like disclosure.

However, it has been questioned whether automated decisions may be introduced without a special exception from the Government Ordinance and a provision in law or ordinance that the authority may make the relevant decisions automatically. According to the terms of reference, the delegation is to report to the Government if, in the course of its work, it identifies regulations that inappropriately prevent electronic information exchange and, if necessary, submit proposals for constitutional amendments.

The e-delegation therefore proposes that the statutory regulation be simplified so that there need no longer be any uncertainty as to whether an authority may make decisions automatically.

IT&Telekomföretagen has no objections to the committee's proposals and therefore supports the SOU in its entirety.