Relevant Distinctions in Relation to Explainability in the Public Sector

This paper argues that jurisprudence can offer a relevant contribution to the international debate on the use of artificial intelligence in the public sector. From a legal perspective, a distinction can and should be made between two types of AI-based solutions, namely fact-producing and those that represent a transformation of norms (legislation). Under Danish Administrative Law, mainly the latter solutions must be fully explainable. This distinction might be relevant for other disciplines than jurisprudence and be a contribution to the internationally debated hot topic of whether transparency must be ensured via ethical principles or regulation.