Digital technologies and public procurement: Gatekeeping and experimentation in digital public governance

Research output: Book/ReportAuthored book

Abstract

The digital transformation of the public sector has accelerated. States are experimenting with technology, seeking more streamlined and efficient digital government and public services. However, there are significant concerns about the risks and harms to individual and collective rights under new modes of digital public governance. Several jurisdictions are attempting to regulate digital technologies, especially artificial intelligence, however regulatory effort primarily concentrates on technology use by companies, not by governments. The regulatory gap underpinning public sector digitalisation is growing.

As it controls the acquisition of digital technologies, public procurement has emerged as a 'regulatory fix' to govern public sector digitalisation. It seeks to ensure through its contracts that public sector digitalisation is trustworthy, ethical, responsible, transparent, fair, and (cyber) safe.

However, in Digital Technologies and Public Procurement: Gatekeeping and Experimentation in Digital Public Governance, Albert Sanchez-Graells argues that procurement cannot perform this gatekeeping role effectively. Through a detailed case study of procurement digitalisation as a site of unregulated technological experimentation, he demonstrates that relying on 'regulation by contract' creates a false sense of security in governing the transition towards digital public governance. This leaves the public sector exposed to the 'policy irresistibility' that surrounds hyped digital technologies.

Bringing together insights from political economy, public policy, science, technology, and legal scholarship, this thought-provoking book proposes an alternative regulatory approach and contributes to broader debates of digital constitutionalism and digital technology regulation.
Original languageEnglish
PublisherOxford University Press
Commissioning bodyBritish Academy
Number of pages320
ISBN (Electronic)9780191898914
ISBN (Print)9780198866770
DOIs
Publication statusPublished - 25 Jan 2024

Bibliographical note

Publisher Copyright:
© Albert Sanchez-Graells 2024. All rights reserved.

Research Groups and Themes

  • Centre for Global Law and Innovation

Keywords

  • digital governance
  • public procurement
  • gatekeeping
  • experimentation
  • digital technologies
  • artificial intelligence
  • regulatory capture
  • commercial determination
  • data governance
  • open data
  • regulatory theory
  • STS

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