Algorithmic Governance, the Dutch Childcare Allowance Scandal, and the Importance of Legal Mobilization

Algorithms, artificial intelligence (AI), and machine learning are rapidly invading European societies. As often happens with disruptive technological advancements, forms of anomie emerge due to discrepancies between existing legislation, norms, and human rights guarantees on one hand, and rapid societal and technological change on the other. One context in which algorithms, AI, and machine learning is increasingly prominent is that of governance but not confined to policing, crime control, and surveillance, as well as social rights, benefits and welfare issues. In this contribution, I will first discuss processes of digitalisation, the diffusion of AI and forms of datafication. Second, I will delve into algorithmic governance as a new mode of governance with significant human rights implications and issues of ‘data justice’ will be elaborated upon. Third, I will briefly explore a case study – the Dutch Toeslagenaffaire or Childcare Allowance Scandal – an example of algorithmic governance with major negative human rights implications for Dutch citizens. Finally, I will highlight the crucial role of civil society organisations in deepening public awareness, raising issues of human rights violations, and engaging in strategic litigation with far-reaching implications.