Eralda (Methasani) Çani and Andrea Mazelliu
Abstract
The use of Artificial Intelligence (AI) in public interest governance and by public authorities, as an innovative system, is attracting real attention. It is being discussed as advantageous due to its ability to increase the efficiency and transparency of public services, while still questioning the roles and functions of the public administration in society. Considering that AI includes aspects of machine learning, rule-based decision-making, and other computational techniques, critical issues such as the legitimacy of AI empowerment for making decisions, as well as accountability, transparency, data protection and privacy, and the protection of fundamental rights, are key to such deliberations.
The literature has paid much attention to these, while advancement is also seen in levels of policy-making and legislation. Albania has demonstrated active progress in making use of the digitalisation of public services, notably through the e-Albania portal, and it is taking steps, including through the legal tier, towards the development of AI governance standards, including addressing the ethical challenges posed by algorithmic decision-making.
This paper reviews trends in AI governance, offering a comparative analysis of how different jurisdictions regulate the intersection of AI and public services. It also provides an overview of the Albanian legal framework, also in relation to the European Union regulations. It does not address the legitimacy of AI use in public administration. While the latter is an aspect of a well-deserved consideration, this paper focuses on understanding developments in policy-making and legislative regulations, including the current state of play, algorithmic automation, and AI usage by the public authorities in Albania. It also tries to shed light on the implementation of algorithmic automation and AI usage in the Albanian public administration and public services.
The public services provided through algorithmic automation and the introduction of AI have raised several concerns in terms of transparency, the protection of personal data, the quality of data sets, and areas where there is a restriction in the usage of these technologies. Following an exposure to standards of AI use in public administration and services, especially emphasising the principles that must be upheld, the paper analyses how Albania’s existing legal infrastructure complies with those.
Recommendations are presented for Albania to strengthen its legal framework and foster innovation while safeguarding citizens’ rights and ensuring the ethical use of AI in public governance. Lastly, this paper emphasises interdisciplinary collaboration as highly important for developing a robust and ethical AI governance framework. Input from legal experts, technology experts, civil society, and the private sector will ensure that AI implementation in public administration is both innovative and able to protect citizens’ rights.
Table of Contents
General Overview of the Use of Algorithmic Automation and Artificial Intelligence by the Public Administration
The Albanian Legal Framework on Digitalising Public Services and Use of Digital Algorithmic Automation and AI by the Public Administration
Infrastructure for Digital Data Management and Interoperability between Institutions
3.1. The Albanian Digital Agenda: The Digitalisation of Public Administration
3.2. Development of the Algorithmic Automation and Organs ResponsibleLegal Restrictions on Use of Algorithmic Automation and AI by the Public Administration: General Trends
Public Administration Daily Operation and the Inclusion of Algorithmic Automation and AI
Transparency and Accountability, Terms of Privacy, Quality of Datasets and Cybersecurity
Sectors Impacted by Algorithmisation and Technology
Conclusion