Technology and Regulation

Articles

• Towards Planet Proof Computing: Law and Policy of Data Centre Sustainability in the European Union

  Jessica Commins, Kristina Irion

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  Our society’s growing reliance on digital technologies such as AI incurs an ever-growing ecological footprint. The EU regulation of the data centre sector aims to achieve climate-neutral, energy-efficient and sustainable data centres by no later than 2030. This article unpacks the EU law and policy which aims on improving energy efficiency, recycling equipment and increasing reporting and transparency obligations. In 2025 the Commission will present a report based on information reported by data centre operators and in light of the new evidence review its policy. Further regulation should aim to translate reporting requirements into binding sustainability targets to contain rebound effects of the data centre industry while strengthening the public value orientation of the industry.

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• The Inscrutable Code? The Deficient Scrutiny Problem of Automated Government

  Richard Mackenzie-Gray Scott, Lilian Edwards

  Public administration in the United Kingdom increasingly features automated decision-making. From predictive policing and prisoner categorisation, to asylum applications and tenancy relationships, automated government exists across various domains. This article examines an underlying issue concerning government automated decision-making systems: the lack of public scrutiny they receive across pre- to post-deployment. Branches of the state tasked with scrutinising government, namely Parliament and the courts, appear outmoded to address this problem. These circumstances prompt a concern of where the public can expect safeguards from government overreach manifested through computer software. Two regulatory solutions are proposed. First, mandating pre-deployment impact assessments of automated decision-making systems intended for use by government, either during their design, or before procurement. Second, incorporating algorithmic auditing as part of reinforcing the duty of candour in judicial review, so as to better inform courts about specific systems and the data underpinning them.

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