THE LAW OF THE ALGORITHMIC STATE IN BULGARIA

Dario Đerđa and Dana Dobrić Jambrović

Abstract
The article examines the legal framework and practical use of algorithms and artificial intelligence by organs of the public administration in Bulgaria. It reveals the existing lacunae in the law and reluctance on the part of the public bodies, which makes them ineffective and poses risks to the fundamental rights of individuals and democratic society. The paper provides a true and up-to-date snapshot of the issue explored, supported by a survey conducted directly with Bulgarian public institutions mapping the use of digital technology by the public authorities.
In Bulgaria, the algorithmic state is perceived narrowly as E-government, and algorithmic technology is reduced to information and communication systems, thereby placing the focus predominantly on data security, data quality, and the interoperability of the systems at the expense of broader considerations. The study demonstrates that Bulgarian law and legal scholarship lag behind in dealing with the issue of automated decision-making in the public sector and in developing safeguards against potential infringements of human rights. Thus, it highlights the gaps to be filled by future legislation and scholarly debate on artificial intelligence (AI) implementation in the public sector.

Table of Contents

  1. Introduction

  2. Algorithmic Terminology in Bulgarian Law and Strategic Documents
     2.1. Algorithms in Bulgarian Law
     2.2. The Bulgarian National AI Strategy

  3. Bulgarian e-Government and the Introduction of Automated Systems
     3.1. The General Framework
     3.2. Automated Systems in Special Sectors
     3.3. Infrastructures for Digital Data Management
     3.4. The Legal Framework for Information Exchange in Public Administration

  4. Public Authorities’ Reliance on Algorithmic Automation in Daily Operations
     4.1. Current Uses
     4.2. Future Administrative Integration in an AI-Empowered World
     4.3. Software Development and Training

  5. Legal Requirements for AI Use to Protect Individuals and Ensure Accountability in Public Administration

  6. Bringing Complaints against the Automated State

  7. Scholarly Debate

  8. Conclusions

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