The Applicability of Automated Administrative Penalties: Legal Challenges and Regulatory Responses

Abstract

The paper provides a comprehensive analysis of the integration of automated administrative penalties within the digital governance framework, highlighting the significant improvements in efficiency and consistency they offer. It identifies the necessity for a robust legal and ethical foundation to address the challenges of transparency, accountability, and data privacy inherent in these systems. The study critically examines the principles of legality and procedural fairness, the role of technology in administrative processes, and the importance of algorithmic transparency. Additionally, it discusses the accountability system, tackling the "black box" problem and the need for data protection. The paper advocates for a balanced approach that harmonizes efficiency with legal and ethical considerations, ensuring public trust through measures such as public consultations and transparent decision-making. It concludes with a comprehensive set of regulatory mechanisms and policy recommendations designed to ensure the responsible and effective implementation of automated penalties. These recommendations include the development of a legal framework, human participation, and appeal processes, all aimed at enhancing public confidence in the fairness and legality of these systems.