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26 - Generative AI in Public Administration

from Part IV - The Use of Generative AI in Legal and Related Sectors

Published online by Cambridge University Press:  aN Invalid Date NaN

Mimi Zou
Affiliation:
University of New South Wales, Sydney
Cristina Poncibò
Affiliation:
University of Turin
Martin Ebers
Affiliation:
University of Tartu, Estonia
Ryan Calo
Affiliation:
University of Washington
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Summary

Generative AI offers a new lever for re-enchanting public administration, with the potential to contribute to a turning point in the project to ‘reinvent government’ through technology. Its deployment and use in public administration raise the question of its regulation. Adopting an empirical perspective, this chapter analyses how the United States of America and the European Union have regulated the deployment and use of this technology within their administrations. This transatlantic perspective is justified by the fact that these two entities have been very quick to regulate the issue of the deployment and use of this technology within their administrations. They are also considered to be emblematic actors in the regulation of AI. Finally, they share a common basis in terms of public law, namely their adherence to the rule of law. In this context, the chapter highlights four regulatory approaches to regulating the development and use of generative AI in public administration: command and control, the risk-based approach, the experimental approach, and the management-based approach. It also highlights the main legal issues raised by the use of such technology in public administration and the key administrative principles and values that need to be safeguarded.

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Publisher: Cambridge University Press
Print publication year: 2025

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