In Spain, there are accredited uses of artificial intelligence systems by public administrations. However, access to information remains challenging due to the absence of public inventories or registries. In this regard, legal scholarship advocates for the application of the principle of algorithmic transparency as an essential element for safeguarding citizens’ rights and ensuring administrative oversight. This principle has been included in regional legislation (such as in Comunitat Valenciana). Some regions (Comunidades Autónomas/Autonomous Communities) have established their own governance frameworks (Castilla-La Mancha, Catalonia, Galicia, Madrid), and some have even promoted the adoption of a comprehensive artificial intelligence act (Galicia and, to a lesser extent, Extremadura). At the national level, notable developments include the drafting of the Digital Rights Charter in 2021, the creation of a regulatory sandbox for artificial intelligence and the establishment of the Spanish Agency for the Supervision of Artificial Intelligence (AESIA) in 2023. Nevertheless, no adaptation of the legal framework governing public administrations has been undertaken to address this new reality, and as a result, the general legal framework remains applicable.

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AI in the Spanish Public Sector

  • Susana de la Sierra

摘要

In Spain, there are accredited uses of artificial intelligence systems by public administrations. However, access to information remains challenging due to the absence of public inventories or registries. In this regard, legal scholarship advocates for the application of the principle of algorithmic transparency as an essential element for safeguarding citizens’ rights and ensuring administrative oversight. This principle has been included in regional legislation (such as in Comunitat Valenciana). Some regions (Comunidades Autónomas/Autonomous Communities) have established their own governance frameworks (Castilla-La Mancha, Catalonia, Galicia, Madrid), and some have even promoted the adoption of a comprehensive artificial intelligence act (Galicia and, to a lesser extent, Extremadura). At the national level, notable developments include the drafting of the Digital Rights Charter in 2021, the creation of a regulatory sandbox for artificial intelligence and the establishment of the Spanish Agency for the Supervision of Artificial Intelligence (AESIA) in 2023. Nevertheless, no adaptation of the legal framework governing public administrations has been undertaken to address this new reality, and as a result, the general legal framework remains applicable.