The algorithm register: must governments publish their AI?
Dutch public bodies publish the algorithms they use in the national Algorithm Register, as a transparency instrument. In addition, the AI Act requires registration of high-risk AI in an EU database (Art. 49/71) — also for public authorities as deployers. Two registers, one aim: accountability.
Short answer: Yes, in two ways. Dutch public bodies publish the algorithms they use in the national Algorithm Register (algoritmes.overheid.nl), as a transparency instrument towards citizens. In addition, the AI Act requires registration of high-risk AI in an EU database (Art. 49 and 71) — and authorities deploying such a system also register their use. Two registers with partly different aims, but the same core: accountability.
The national Algorithm Register
The Algorithm Register is a Dutch transparency instrument: per algorithm, public bodies describe what it does, which data it uses, how oversight is arranged and who is responsible. It has been made mandatory in phases for public organisations, starting with the most impactful (high-risk) uses. The aim: citizens can see which algorithms may affect them.
The EU database under the AI Act
The AI Act adds a European layer. Providers of high-risk AI must register their system in an EU database before placing it on the market (Art. 49). For public-sector uses, the deploying authority also registers the deployment (Art. 71). This creates EU-wide visibility of where high-risk AI is used.
How they connect
The national register serves broad public transparency; the EU database serves regulators and the internal market. They overlap for high-risk government AI: register in both, with consistent information. A good FRIA often already provides the content you need for a register entry.
What to do
- Inventory which algorithms/AI you deploy and classify them (see AI in government).
- Publish the impactful uses in the Algorithm Register.
- Register high-risk AI in the EU database (provider and, for public deployment, deployer).
- Keep the information consistent with your FRIA and technical documentation.
For government AI, transparency is not a final step but a precondition: registering makes traceable what an algorithm does — and that is exactly what public trust rests on.
Sources
- https://eur-lex.europa.eu/eli/reg/2024/1689/oj
Regulation (EU) 2024/1689 (AI Act): Art. 49 and 71 — registration of high-risk AI in the EU database, also by public authorities. - https://algoritmes.overheid.nl
The Dutch Algorithm Register: public transparency about algorithms used by government.
Read next
Registering high-risk systems in the EU database (Article 49)
Article 49 of the AI Act requires providers and certain deployers to register high-risk systems in a public EU database before deployment. The registration makes visible which systems are on the market and is a condition for lawful use.
Explainability and transparency of government algorithms: FRIA and the register
Transparency of government algorithms runs along two axes: collective openness via the algorithm register and the FRIA, and individual explanation to the citizen via administrative law and the GDPR. The AI Act requires intelligibility and logging. Explanation is a legal duty, not a favour.
AI in government: what applies to the public sector?
AI that determines access to public services or benefits, or is used in law enforcement, migration or justice, is high-risk under the AI Act. As deployers, public bodies must often carry out a fundamental rights assessment (FRIA) and be transparent to citizens.