Algorithmic transparency as a dimension of the right of access to information

Abstract

This article examines algorithmic transparency as a digital dimension of the right of access to public information in Peru. Faced with increasing state automation and the deployment of systems such as Curia and EleccIA, significant risks regarding the black box effect and biases that result in algorithmic discrimination have emerged. Drawing on the Political Constitution and the Inter-American precedent of Claude Reyes v. Chile, this research contends that explainability is vital for overseeing the State’s technological power. The study approaches bias mitigation as a social justice objective, harmonizing it with legal limits such as intellectual property (Legislative Decree 822) and national security (Supreme Decree 106-2017-PCM). By analyzing the regional standard set by Colombia’s Sentence T-067, it concludes that transparency represents a natural evolution of public accountability. Finally, it proposes the implementation of constant audits and human intervention to ensure that the algorithmic public administration remains subject to fundamental rights and democratic control.