Government automation, transparency and trade secrets

The increasing use of automated decision-making systems ('ADMS') in the government sector causes various problems. One of them is the lack of transparency around government algorithms, especially when they are developed by third parties. This article explores how proprietary interests surrounding government automation technologies, such as trade secrets, affect transparency around ADMS and what measures could be taken to preserve - and increase - government transparency in the age of automation. The article focuses on New South Wales as a case study and explores gaps within the 'Government Information (Public Access) Act 2009' (NSW) (''GIPA Act'') in ensuring transparency in the government automation context. It recommends that current legislative gaps be addressed by: (1) narrowing down the protection for trade secrets under the 'GIPA Act'; (2) improving access to government information held by third parties (eg government contractors); and (3) ensuring that the government leverages its procurement powers to acquire information that is essential for public transparency purposes.