Transparency, good administration and disruptive technologies: analysis of nudging, neurorights and of artificial intelligence from the perspective of transparency and the right to good administration

Abstract

This article analyses three disruptive technical and technological phenomena: nudging, neuroscience and artificial intelligence, which place us in front of the need to legally face the difficulties and challenges they pose. In order to carry out a legal analysis, and in view of the novelty and lack of consolidated regulation in many cases, this analysis has been focused on the impact that transparency, good administration and fundamental rights can have with respect to these new disruptive technologies. At the same time, good administration and transparency constitute a valid point of observation in order to visualize the progressive sophistication of administrative law and how, as a result of these new disruptive techniques and technologies, we end up facing new paradigms where Administrative law requires answers that can be found in the field of Constitutional law. In order to analyse these legal issues, we made a panoramic view of all these problems, while always taking into account the perspective of multilevel constitutionalism and the different standards of protection in each of the legal systems that apply to us.