Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency

Ahmed Mokhtar Abdel Hamid

doi:doi:10.11648/j.hss.20251304.21

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Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency

Ahmed Mokhtar Abdel Hamid^*

Published in Humanities and Social Sciences (Volume 13, Issue 4)

Received: 2 July 2025 Accepted: 16 July 2025 Published: 1 August 2025

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Abstract

This research examines the issue of administrative liability for damages caused by artificial intelligence (AI) systems in public services. It offers a legal analysis of legality and transparency in automated administrative decisions. The topic gains importance as public administrations increasingly rely on intelligent systems, raising unprecedented legal challenges particularly with respect to oversight and accountability. The study is structured into three main sections: the first outlines the theoretical framework of administrative liability and AI; the second explores the compatibility of automated decisions with the principle of legality and the scope of judicial oversight; and the third examines the components of administrative liability, supported by comparative judicial models from France, the United States, and Egypt, with an analysis of their applicability within the Omani legal context. The study concludes that administrative liability may arise from supervisory negligence or algorithmic mismanagement-even in the absence of direct technical error. It recommends the enactment of legislation to regulate the use of AI in public administration, promote algorithmic transparency, and institutionalize the principle of “meaningful human oversight” as a legal safeguard for fair accountability.

Published in	Humanities and Social Sciences (Volume 13, Issue 4)
DOI	10.11648/j.hss.20251304.21
Page(s)	382-388
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2025. Published by Science Publishing Group

Keywords

Administrative Liability, Artificial Intelligence, Public Administration, Legality, Transparency, Algorithmic Decisions, Oman

References

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[6]	Cobbe, J. [2019]. Administrative Law and the Machines of Government: Judicial Review of Automated Public-Sector Decision-Making. Information, Communication & Society.
[7]	Correia, P. M. A. R., et al. [2024]. The Challenges of Artificial Intelligence in Public Administration in the Framework of Smart Cities: Reflections and Legal Issues. ResearchGate. https://www.researchgate.net/publication/377657635
[8]	Craig, P. [2011]. Administrative Law (7th ed.). Oxford University Press.
[9]	Eubanks, V. [2018]. Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor. St. Martin’s Press.
[10]	Lamovšek, N. [2023]. Analysis of Research on AI in Public Administration: Literature Review and Textual Analysis. ResearchGate.
[11]	Loi, M., & Spielkamp, M. [2021]. Towards Accountability in the Use of Artificial Intelligence for Public Administrations. Preprint. arXiv.
[12]	Nemitz, P. [2018]. Constitutional Democracy and Technology in the Age of Artificial Intelligence. Philosophy & Technology, 31, 475-489.
[13]	Pasquale, F. [2015]. The Black Box Society: The Secret Algorithms That Control Money and Information. Harvard University Press.
[14]	Pfeffer, M. [2022]. AI and Public Administration: Challenges and Legal Foundations. Springer.
[15]	Schwartz, B. [1991]. Administrative Law (3rd ed.). Aspen Publishers.
[16]	Umoh, B. E. [2025]. The Impact of Artificial Intelligence on Public Administration in the Public Sector: Opportunities and Challenges. SSRN.
[17]	Veale, M., & Brass, I. [2019]. Administration by Algorithm? Public Management Meets Public Sector Machine Learning. Public Money & Management, 39(5), 310-318.
[18]	Egyptian Administrative Judiciary Court. [2023]. Case No. 5564/71JY, Session 2023.
[19]	Egyptian Council of State. [2010]. Case No. 34775/65JY, Session 2010.
[20]	Conseil d’État (France). [2020]. Parcoursup Case - Decision No. 428253, February 27, 2020.
[21]	California Superior Court (USA). [2019]. Smith v. Department of Social Services.
[22]	Binns, R. [2018]. Algorithmic Accountability and Public Reason. Philosophy & Technology, 31(4), 543-556.

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APA Style

Hamid, A. M. A. (2025). Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency. Humanities and Social Sciences, 13(4), 382-388. https://doi.org/10.11648/j.hss.20251304.21

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ACS Style

Hamid, A. M. A. Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency. Humanit. Soc. Sci. 2025, 13(4), 382-388. doi: 10.11648/j.hss.20251304.21

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AMA Style

Hamid AMA. Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency. Humanit Soc Sci. 2025;13(4):382-388. doi: 10.11648/j.hss.20251304.21

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@article{10.11648/j.hss.20251304.21,
  author = {Ahmed Mokhtar Abdel Hamid},
  title = {Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency
},
  journal = {Humanities and Social Sciences},
  volume = {13},
  number = {4},
  pages = {382-388},
  doi = {10.11648/j.hss.20251304.21},
  url = {https://doi.org/10.11648/j.hss.20251304.21},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20251304.21},
  abstract = {This research examines the issue of administrative liability for damages caused by artificial intelligence (AI) systems in public services. It offers a legal analysis of legality and transparency in automated administrative decisions. The topic gains importance as public administrations increasingly rely on intelligent systems, raising unprecedented legal challenges particularly with respect to oversight and accountability. The study is structured into three main sections: the first outlines the theoretical framework of administrative liability and AI; the second explores the compatibility of automated decisions with the principle of legality and the scope of judicial oversight; and the third examines the components of administrative liability, supported by comparative judicial models from France, the United States, and Egypt, with an analysis of their applicability within the Omani legal context. The study concludes that administrative liability may arise from supervisory negligence or algorithmic mismanagement-even in the absence of direct technical error. It recommends the enactment of legislation to regulate the use of AI in public administration, promote algorithmic transparency, and institutionalize the principle of “meaningful human oversight” as a legal safeguard for fair accountability.},
 year = {2025}
}

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TY  - JOUR
T1  - Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency

AU  - Ahmed Mokhtar Abdel Hamid
Y1  - 2025/08/01
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VL  - 13
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Author Information

Ahmed Mokhtar Abdel Hamid

Department of Public Law, Arab Open University, Muscat, Oman

Contact Email

http://orcid.org/0009-0008-7145-7506

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APA Style

Hamid, A. M. A. (2025). Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency. Humanities and Social Sciences, 13(4), 382-388. https://doi.org/10.11648/j.hss.20251304.21

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ACS Style

Hamid, A. M. A. Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency. Humanit. Soc. Sci. 2025, 13(4), 382-388. doi: 10.11648/j.hss.20251304.21

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AMA Style

Hamid AMA. Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency. Humanit Soc Sci. 2025;13(4):382-388. doi: 10.11648/j.hss.20251304.21

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@article{10.11648/j.hss.20251304.21,
  author = {Ahmed Mokhtar Abdel Hamid},
  title = {Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency
},
  journal = {Humanities and Social Sciences},
  volume = {13},
  number = {4},
  pages = {382-388},
  doi = {10.11648/j.hss.20251304.21},
  url = {https://doi.org/10.11648/j.hss.20251304.21},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.hss.20251304.21},
  abstract = {This research examines the issue of administrative liability for damages caused by artificial intelligence (AI) systems in public services. It offers a legal analysis of legality and transparency in automated administrative decisions. The topic gains importance as public administrations increasingly rely on intelligent systems, raising unprecedented legal challenges particularly with respect to oversight and accountability. The study is structured into three main sections: the first outlines the theoretical framework of administrative liability and AI; the second explores the compatibility of automated decisions with the principle of legality and the scope of judicial oversight; and the third examines the components of administrative liability, supported by comparative judicial models from France, the United States, and Egypt, with an analysis of their applicability within the Omani legal context. The study concludes that administrative liability may arise from supervisory negligence or algorithmic mismanagement-even in the absence of direct technical error. It recommends the enactment of legislation to regulate the use of AI in public administration, promote algorithmic transparency, and institutionalize the principle of “meaningful human oversight” as a legal safeguard for fair accountability.},
 year = {2025}
}

Copy | Download

TY  - JOUR
T1  - Administrative Liability for Damages Caused by Artificial Intelligence Systems in Public Services: An Analytical Study in Light of the Principles of Legality and Transparency

AU  - Ahmed Mokhtar Abdel Hamid
Y1  - 2025/08/01
PY  - 2025
N1  - https://doi.org/10.11648/j.hss.20251304.21
DO  - 10.11648/j.hss.20251304.21
T2  - Humanities and Social Sciences
JF  - Humanities and Social Sciences
JO  - Humanities and Social Sciences
SP  - 382
EP  - 388
PB  - Science Publishing Group
SN  - 2330-8184
UR  - https://doi.org/10.11648/j.hss.20251304.21
AB  - This research examines the issue of administrative liability for damages caused by artificial intelligence (AI) systems in public services. It offers a legal analysis of legality and transparency in automated administrative decisions. The topic gains importance as public administrations increasingly rely on intelligent systems, raising unprecedented legal challenges particularly with respect to oversight and accountability. The study is structured into three main sections: the first outlines the theoretical framework of administrative liability and AI; the second explores the compatibility of automated decisions with the principle of legality and the scope of judicial oversight; and the third examines the components of administrative liability, supported by comparative judicial models from France, the United States, and Egypt, with an analysis of their applicability within the Omani legal context. The study concludes that administrative liability may arise from supervisory negligence or algorithmic mismanagement-even in the absence of direct technical error. It recommends the enactment of legislation to regulate the use of AI in public administration, promote algorithmic transparency, and institutionalize the principle of “meaningful human oversight” as a legal safeguard for fair accountability.
VL  - 13
IS  - 4
ER  -

Copy | Download