"Access to Source Codes for State Software. From Administrative Transparency to Digital Transparency"
Résumé
Digital technology has transformed the way the public administration works. Numerous administrative decisions – such as the calculation of social benefits or the processing of building permits – are now made with the help of software that automatically incorporate the appropriate legal regulations. There is renewed discussion around transparency in public administration: citizens have a right to information, and should be able to access the computer codes used to reach a decision they are subject to. In this context, the opening up of source codes is vital to the smooth running of democratic administration, and for reinforcing user confidence in automated administrative decisions. Access to source codes contributes to the reconfiguration of administrative relations and accompanies the implementation of State software transparency. To gauge its scope, this article looks at the principles and legal regime governing access rights to the source codes of software used in public administration.
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