From: RegBlog
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As reliance on information technology increases, courts and policymakers should consider taking more seriously requiring accountability to be lodged in specific decision-makers. Perhaps it is time to consider recalibrating the “presumption of regularity”—to ensure that agency officials have clearly recognized the risks of relying on automated analytical techniques that are too complex or opaque for officials themselves to understand entirely.
As a practical matter, this approach raises difficult further questions about the scope of discovery in suits to review administrative action, but perhaps those questions are worth facing, given the risk that decision-makers will rely on algorithms they do not fully understand.
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