Recommendations for Government Development and Use of Advanced Automated Systems to Make Decisions about Individuals

Contestability – the ability to effectively challenge a decision – is critical to the implementation of fairness. In the context of governmental decision making about individuals, contestability is often constitutionally required as an element of due process; specific procedures may be required by state or federal law relevant to a particular program. In addition, contestability can be a valuable way to discover systemic errors, contributing to ongoing assessments and system improvement. On January 24-25, 2024, with support from the National Science Foundation and the William and Flora Hewlett Foundation, we convened a diverse group of government officials, representatives of leading technology companies, technology and policy experts from academia and the non-profit sector, advocates, and stakeholders for a workshop on advanced automated decision making, contestability, and the law. Informed by the workshop's rich and wide-ranging discussion, we offer these recommendations. A full report summarizing the discussion is in preparation.