Algorithm as public information in European law - DELab

Mazur, J. (2021). The algorithm as public information in European law. University of Warsaw Publishing House.

Algorithms are increasingly co-deciding on public affairs: from benefits and audits to service priorities and risk profiling—and without transparency, it's difficult to speak of democratic oversight. The book demonstrates that the dispute isn't simply about "code disclosure," but rather about the fundamental principles of access to information and official documents in Europe. It teaches us how to think about algorithmic transparency in the face of real constraints: data protection, legally protected secrecy, and divergent case law from European courts.

About the book

The author hypothesizes and consistently tests the hypothesis that algorithms used in automated decision-making in the public sector can be treated as information subject to the right of access to information or the right of access to official documents in European law. The core of the analysis is the question of co in the algorithm it can be public information (model, rules, input/output data, documentation, parameters) and jak such a right of access would work in practice.

The argument is based on an analysis of the European Union's legal framework and the standards stemming from European human rights protection, with an emphasis on comparisons and tensions between case law. The book does not reduce the issue to a single legal act: it treats access to information as a complex legal regime in which transparency, personal data protection, public interest, security, trade secrets, and intellectual property rights all clash.

What does it bring?

It organizes conceptually, what can be an "algorithm as information" in administration (not only code, but also documents, parameters, rules and justifications for action).
Explains how they work in European law two access regimes: access to information and access to official documents — and what consequences this has for the practice of disclosing algorithms.
It highlights a key practical problem: lack of consistency in approaches in European standards and case law, which makes the predictable application of the law difficult.
Provides tools for weighing the truth: when and how restrictions (e.g. data protection, legally protected secrets, security) may justify refusal or partial disclosure.
It translates the debate into implementation: it indicates which elements of system design and documentation (including in public procurement) facilitate real transparency.
It is a reference point for discussions about responsibility and algorithmic control in the public sector.

Key themes

The right of access to information; the right of access to official documents; transparency of state action; algorithms in administration; automated decision-making; algorithmic responsibility and control; personal data protection; trade secrets; intellectual property; public interest and exceptions to disclosure; European standards and case law; data and documentation governance.

Ideal for

for lawyers dealing with new technologies law, administrative law and human rights
for people in public administration implementing or supervising ADM/AI systems
for data protection officers, compliance officers and internal auditors in the public sector
for social organizations, watchdogs and investigative journalists dealing with transparency and accountability
for researchers and students of European law, digital regulation and algorithm governance
for people designing systems for administration (IT, analytics, product) who must understand the transparency requirements

What you will find inside

Conceptual and legal part: what is an "algorithm" in the context of the right of access and how to understand information and documents in European regimes.
Analysis of European law and standards: how the mechanisms for accessing information/documents work and where gaps and interpretation tensions arise.
Case law and discrepancies: comparison of approaches in European case law and the consequences for the consistency of the standard.
Limitations and balancing tests: when the right to information loses out to other values (e.g. privacy, protected secrets) and how to design disclosure "in parts".
Conclusions: synthetic summary and implications for administration, regulation and implementation practice.