ARTIFICIAL INTELLIGENCE IN THE CZECH GOVERNMENT: POLITICAL AND ECONOMIC HYPE, BUREAUCRATIC PARALYSIS, AND DEMARCATION WITH THE EUROPEAN UNION

Filip Křepelka

Abstract
Until recently, the use of artificial intelligence in the Czech government was limited to chatbots communicating with clients and internal analyses. More sophisticated applications require a solid foundation in prior informatisation and digitisation, which remains perfunctory in Czechia, according to international assessments. In addition, the legal uncertainty surrounding artificial intelligence decision-making calls for a national legislative response. Specifically, it should address (de)personalisation, verifiability and the use of personal data as input in machine learning. The European Union’s Artificial Intelligence Act is not sufficient in this regard.

Table of Contents

  1. Introduction: Defining the Topic and Artificial Intelligence

  2. Economic, Political, Societal, and Academic Hype
     2.1. Interest Representation and Emergent Lobbying
     2.2. Government Policies on Artificial Intelligence
     2.3. Intellectuals and Academics

  3. Perfunctory E-Government: Analysis and Explanation
     3.1. Preliminary Phases of Digitalisation
     3.2. Mediocre Rankings and Critical Perception of E-government
     3.3. Bureaucratic Paralysis, Legal Remnants, and Decentralisation

  4. Artificial Intelligence in the Czech Government and Public Sector

  5. The Absence of Specific Provisions for Artificial Intelligence in Government
     5.1. A Lack of National Laws
     5.2. Exception: Attorneys and Artificial Intelligence
     5.3. No Evaluation of Artificial Intelligence by Courts

  6. The Permissibility of Deploying AI without Specific Legislation
     6.1. The Stance of Legal Scholarship
     6.2. Modes of Deployment
     6.3. Limitations Regarding the Judicial Functions
     6.4. Limitations Deriving from General Guidelines for Administrative Decision-making
     6.5. Limitations Regarding Cybersecurity and Personal Data Protection
     6.6. Comparing Artificial and Human Intelligence
     6.7. The (Non-)Personhood of Artificial Intelligence
     6.8. What Comes Next

  7. European Union Legislation on Artificial Intelligence

  8. Conclusions: Desirable Approaches to Artificial Intelligence in Government

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