Article 30. Use of automated procedures in the life cycle of public contracts.

1. To improve efficiency, contracting authorities and granting bodies shall, where possible, automate their activities using technological solutions, including artificial intelligence and distributed register technologies, in compliance with the specific provisions on the matter. 2. In the purchase or development of the solutions referred to in paragraph 1, the contracting authorities and granting bodies: a) ensure the availability of the source code, the related documentation, as well as any other element useful for understanding the operating logic; b) introduce into the documents calling for tenders clauses aimed at ensuring the assistance and maintenance services necessary to correct errors and unwanted effects deriving from automation. 3. Decisions taken through automation respect the principles of: a) knowability and comprehensibility, whereby every economic operator has the right to know the existence of automated decision-making processes that concern him and, in this case, to receive significant information on logic used; b) non-exclusivity of the algorithmic decision, whereby in the decision-making process there is in any case a human contribution capable of controlling, validating or denying the automated decision; c) algorithmic non-discrimination, for which the owner implements adequate technical and organizational measures in order to prevent discriminatory effects towards economic operators. 4. The contracting authorities and granting bodies adopt all technical and organizational measures aimed at guaranteeing that the factors that lead to inaccuracies in the data are rectified and the risk of errors is minimised, as well as to prevent discriminatory effects towards natural persons on the basis of nationality, ethnic origin, political opinions, religion, personal beliefs, union membership, somatic characteristics, genetic status, state of health, gender or sexual orientation. 5. Public administrations publish on the institutional website, in the «Transparent Administration» section, the list of technological solutions referred to in paragraph 1 used for the purposes of carrying out its business. EFFECTIVE FROM: 1 January 2024

Relazione

REPORT Article 30 provides for the inclusion, within the procurement code, of a discipline that recalls the principles intended to govern the use of algorithms and artificial intelligence tools in th...

Commento

NEW • The use of automated procedures is envisaged, using technological solutions, including artificial intelligence and distributed register technologies. • However, mandatory principles of knowabi...
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