Regulating Without Regulation? Regulating Without the Sovereign? The Good Governance Concept Versus Automated Decision-Making in Poland in the Light of European Union Law

The development of automated decision-making technologies creates the threat of deiuridification: replacement of the legal acts’ provisions with automated, technological solutions. The article examines how selected provisions of the General Data Protection Regulation concerning, among other things, data protection impact assessments, the right to not be subject to automated decisionmaking, information obligations and the right to access are applied in the Polish national legal order. We focus on the institutional and procedural solutions regarding the involvement of expert bodies and other stakeholders in the process of specification of the norms included in the GDPR and their enforcement. We argue that the example of Poland shows that the solutions adopted in the GDPR do not shift the balance concerning regulatory power in regard to automated decision-making to other stakeholders and as such do not favour of a more participative approach to the regulatory processes