Access to Source Code of Proprietary Software Used by Public Administrations for Automated Decision-making. What Proportional Balancing of Interests?

The present work aims to identify the best solution as to how to implement the principle of transparency and carry out the correct proportional balancing of interests in the event of the public administration using proprietarysoftware for automated decision-making in the matter of administrative procedures. A special focus is given to whether the disclosure obligation of the source code is compatible with intellectual property rights to the software, where these rights have been retained by the private contractor.