Le droit d’accès aux codes sources des systèmes algorithmiques utilisés par l’administration publique. Une approche comparée Franco-Suisse.
- Autores: Nina Lasbleiz, Liliane Obrecht
- Localización: European review of digital administration & law, ISSN-e 2724-5969, Vol. 4, Nº. 2, 2023, págs. 165-178
- Idioma: varios idiomas
- Enlaces
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Resumen
This article examines the legal treatment of access to algorithmic source code within two distinct legal systems.
In France, source code is specifically defined as an administrative document, and access to it is regulated by the Code of relations between the public and the administration. In Switzerland, the article argues that source code can be considered as falling within the legal requirements of an official document under the Federal Act on Freedom of Information in the Administration. Nevertheless, in France, as in Switzerland, access to source code is subject to various restrictions. The article identifies three categories of challenges linked to the right of access. Firstly, access is restricted by legally protected secrets, which, while legitimate, can sometimes make it difficult to identify and challenge potential algorithmic biases. Secondly, access is limited by the intrinsically technical nature of the source code, whose detailed disclosure could compromise the meaning and purpose of the algorithmic system's use. Thirdly, the unintelligibility of source code for the public restricts the right of access, given that it constitutes the computer transcription of the instructions given to a program. The authors emphasize that, despite these obstacles, access to source code represents a first step towards the transparency of algorithmic systems, but that it requires the support of complementary mechanisms such as proactive information from the state or external audits and controls to be fully effective
