Policy on the Use of Artificial Intelligence in the Administration of Justice
POLICY ON THE USE OF ARTIFICIAL INTELLIGENCE IN THE ADMINISTRATION OF JUSTICE
This document sets out Spain's preliminary policy on the use of artificial intelligence within the Administration of Justice. It establishes minimum criteria to ensure responsible, legal, and ethical use of AI tools, differentiating between tools that affect jurisdictional activities and those that do not. The policy covers guiding principles, responsibilities, definitions, and specific tables of permitted, restricted, and prohibited use cases.
Summary and content fields are drawn from the document text and are pending editorial review.
Who issued it
Who it governs
This policy is for all employees of the Administration of Justice, legal professionals, AI tool providers, and institutional actors who access or manage judicial data in Spain.
What the document contains
The policy addresses the scope, guiding principles, operational rules, responsibilities, definitions, and specific use-case classifications for artificial intelligence in judicial administration. It details what types of AI uses are permitted internally, which require formal management or IT approval, and which are strictly prohibited.
As a preliminary version, it notes that it may contain translation errors and does not provide final legislative enforcement mechanisms or fixed statutory penalties for violations outside of administrative and judicial oversight frameworks.
- AI systems in the Administration of Justice must fully respect fundamental rights, data protection regulations, and judicial independence.
- Human review is mandatory for any AI-generated output that directly or indirectly affects user rights or jurisdictional activities.
- The General Council of the Judiciary (CGPJ) oversees algorithmic surveillance for systems affecting judicial independence.
- Personal or confidential judicial data cannot be used in public or unapproved AI tools.
- Use cases are strictly categorized into permitted, requiring management approval, requiring IT approval, and prohibited.
· 1.1 AIM · 1.2 AREA OF APPLICATION · 1.3 RECIPIENTS · 1.4 BASIC PRINCIPLES THAT GUIDE THIS USE POLICY · 1.5 RULES FOR THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS · 1.6 AI RESPONSIBILITIES AND CONTROL · ANNEX I: DEFINITIONS · ANNEX II: PERMITTED AND PROHIBITED USE CASES
How it scores
Each score is backed by a quote verified against the document text. Editorial review has not yet confirmed them.
Accountability
4/5Clear responsibility for AI outcomes
Regarding the use of AI : the person responsible for its use will be the court, tribunal, judicial office or prosecutor’s office, and within each of them, the person who makes effective use of it.
1.6 AI RESPONSIBILITIES AND CONTROL
screening score · 2026-10-23
Fairness
4/5Non-discrimination and equitable treatment
It is essential to carry out periodic evaluations of the algorithms to identify and correct possible biases inherent in the training data or algorithms used.
1.4 BASIC PRINCIPLES THAT GUIDE THIS USE POLICY
screening score · 2026-10-23
Human Oversight
5/5Humans remain in control of consequential decisions
Furthermore, AI should never replace human decision-making in crucial matters of the Administration of Justice. It is essential that AI systems are used as tools to assist legal professionals in their duties, but the ultimate responsibility for making legal decisions must rest on Judges and Magistrates.
1.4 BASIC PRINCIPLES THAT GUIDE THIS USE POLICY
screening score · 2026-10-23
Privacy
4/5Protection of personal data and private life
Strict privacy and personal data protection measures must be established in the use of AI in the Administration of Justice, including the need to previously carry out data protection impact assessments.
1.4 BASIC PRINCIPLES THAT GUIDE THIS USE POLICY
screening score · 2026-10-23
Transparency
4/5Openness about how AI systems work and are used
Specifically, it is desirable to publish FAT (Fairness, Accuracy and Transparency) records or similar instruments, about the data used, members of the AI teams, services, algorithms, possible biases and applications
1.4 BASIC PRINCIPLES THAT GUIDE THIS USE POLICY
screening score · 2026-10-23
Enforcement
4/5Consequences and compliance mechanisms with real force
AI applications that have not been authorised should not be used. 6. Unapproved application programming interfaces (APIs), add-ons, connectors, or software related to AI systems, should not be installed.
1.5 RULES FOR THE USE OF ARTIFICIAL INTELLIGENCE SYSTEMS
screening score · 2026-10-23
Impact Assessment
4/5Required assessment of an AI system's risks/impacts before or during use
Strict privacy and personal data protection measures must be established in the use of AI in the Administration of Justice, including the need to previously carry out data protection impact assessments.
1.4 BASIC PRINCIPLES THAT GUIDE THIS USE POLICY
screening score · 2026-10-23