Build public algorithm registers (FR0094)

What is the public problem that the commitment will address? ● Algorithms play a growing role in the public sector, whether they are used to calculate income tax, determine who gets a heart transplant or identify companies’ risk of bankruptcy ● Government departments and users have only a partial, incomplete picture of the algorithmic systems used, despite the fact that making them visible is the first step towards improving their governance

What is the commitment? ● Assist ministries and central government departments in building a public algorithm register ● This register is mandated by algorithm transparency rules outlined in the Code Governing Relations Between Government Departments and the Public (CRPA) (see https://guides.etalab.gouv.fr/algorithmes/, in French) ● The building blocks are there, such as the algorithm register prototype proposed by Etalab in consultation with ministries and local authorities (see https://guides.etalab.gouv.fr/algorithmes/invent aire/ [in French], an article on Etalab’s approach published on the OGP’s blog at 164 https://www.opengovpartnership.org/stories/bui lding-public-algorithm-registers-lessons-learnedfrom-the-french-approach/, and an upcoming piece on a collaborative international workshop held in June 2021 during RightsCon, an annual summit on human rights in the digital age, which brought together researchers, governments and civil society members)

How will the commitment contribute to solving the public problem? ● Ministerial data administrators are involved in creating the register, as algorithms now fall under their remit. ● Etalab will coordinate a working group to help ministries use existing tools (register prototype) and provide a basic level of support. The idea is also for ministries to share best practices. ● There are several benefits to creating this register: o For government departments: Becoming familiar with algorithmic systems and their impacts is the first step to establishing governance over these systems. o For citizens: French law requires that citizens be informed of the use of algorithms for decision-making purposes. The register makes algorithmic systems visible.

Why is this commitment relevant to OGP values? This commitment exemplifies the following OGP values: ● Transparency: By providing civil society with an overview of the algorithms the government uses, this commitment directly contributes to making public policy more transparent, all while compiling a register of the public algorithms 165 currently being used by government departments and openly disclosing the main uses of this data. ● Citizen participation: At the present time, it is difficult to publish these registers, but they will also allow civil society to identify algorithms that could be improved upon or others that pose risks to certain segments of the population. ● Public accountability: The development of a first set of registers, which involved the voluntary participation of departments, revealed the simple fact that developing these registers led them to re-evaluate their procedures. Moreover, these registers are regarded as the foundation for other disclosure obligations (at local and national levels) for which departments are responsible (as provided for in the CRPA).

Additional information ● France is internationally known for its trailblazing legal framework on public algorithms (the Digital Republic Act of 2016). It was one of the first countries to incorporate a commitment on algorithms in its 2018–2020 OGP action plan. Moreover, it is a member of the OGP’s Open Algorithms Network, which also includes representatives from the governments of Canada, the UK, the Netherlands and New Zealand (see blog articles: https://www.opengovpartnership.org/stories/op en-algorithms-experiences-from-france-thenetherlands-and-new-zealand/ and https://www.opengovpartnership.org/stories/refl ections-on-the-implementation-of-public-sectoralgorithmic-policy/). 166 ● This commitment builds on the 2018–2020 OGP action plan. What is more, an array of governmental and civil society organisations with which France is in contact are currently exploring the topic of registers (in the UK, Chile, New Zealand, as well as the non-profits Access Now and AlgorithmWatch), raising in particular the issue of standards. By way of this commitment, France will continue to position itself as a global leader on public algorithms and take part in discussions on this subject.

Milestone activity with a verifiable deliverable Start date End date Start of implementation of registers 01/09/2021 01/03/2022 Interim evaluation of initiative 01/03/2022 31/12/2022

Action Plan Review

Commitment 44. Build public algorithm registers

● Verifiable: Yes

● Does it have an open government lens? No

● Potential for results: Unclear