Abstract

The Romanian public administration has undergone significant digital transformation over the last few decades, especially since 2009, when a process of e-service delivery was launched. The process is now continuing with initiatives to consider the integration of algorithmic automation and artificial intelligence in the public sector – the “algorithmic race”. However, this rapid development has outpaced the evolution of the Romanian legal framework, which still lacks specific legislation on the use of algorithms in public administration.
Romania’s digitalisation efforts focus on efficiency rather than a user-centred approach, often neglecting essential legal protections. While some digitalisation initiatives introduce principles for interoperability and inclusivity, they lack enforceable guidelines for implementing AI-driven tools. This raises concerns about potential infringements of citizens’ rights, such as data protection violations and the limited ability to challenge automated decisions. However, the potential benefits of comprehensive legal reforms, such as establishing clear guidelines and ethical standards for the use of AI in public administration, offer hope for a more user-centred digital environment that safeguards individual rights.

Table of Contents

1. Introduction

2. Digital Administrative Bodies

3. The Legal Basis for Algorithmic Automation and Artificial Intelligence

4. Legal Requirements for Using Algorithmic Automation or Artificial Intelligence in Public Administration

5. The National Interoperability Framework and Platform

6. The Guidelines for Implementing the NIP

7. A Gap Between Official Policies and Unofficial Practices

8. Final Considerations

The current national (Administrative Judicial Review Act of 2004, Administrative Code of 2019) and European Union (GDPR and AI Act) legal frameworks provide some guidance. Still, these are insufficient for the unique challenges posed by AI, such as transparency, accountability, and the protection of citizens’ rights.