BLACK BOX LAW: THE CRISIS OF TRANSPARENCY AND LEGAL ACCOUNTABILITY IN ALGORITHM-DRIVEN GOVERNANCE IN PAKISTAN

Abstract

This research investigates the growing reliance on algorithm-driven governance in Pakistan and the ensuing crisis of legal accountability and transparency. As government institutions increasingly incorporate machine learning and artificial intelligence tools into policy enforcement, public administration, and decision-making processes, questions arise regarding opacity, due process, and citizens' rights to explanation. Algorithms embedded in governance frameworks function as "black boxes"—systems whose internal logic is inaccessible or unintelligible to those affected by their decisions. In Pakistan's evolving regulatory landscape, the lack of comprehensive legal frameworks for data protection, AI governance, and algorithmic transparency exacerbates risks of unaccountable decision-making. By combining doctrinal legal analysis with empirical review—drawing on policy documents, public data, and case comparisons from India and the European Union—this study highlights the critical gaps in Pakistan’s institutional and legal readiness for digital governance. The findings reveal a disjunction between the pace of technological adoption and the maturity of corresponding accountability mechanisms. The study also underscores the democratic dangers of automated decision-making without adequate transparency or judicial redress. It concludes by offering a roadmap for legal and institutional reform, including algorithmic transparency mandates, rights-based legal guarantees, and regulatory capacity-building measures. This study contributes to the broader discourse on algorithmic justice in the Global South by situating the Pakistani experience within a postcolonial framework that intersects with digital sovereignty and citizen rights.