Safe and Ethical AI (SEA) Platform Network · Linking Artificial Intelligence Principles (LAIP)

(h) Data protection and privacy

In an age of ubiquitous and massive collection of data through digital communication technologies, the right to protection of personal information and the right to respect for privacy are crucially challenged. Both physical AI robots as part of the Internet of Things, as well as AI softbots that operate via the World Wide Web must comply with data protection regulations and not collect and spread data or be run on sets of data for whose use and dissemination no informed consent has been given. ‘Autonomous’ systems must not interfere with the right to private life which comprises the right to be free from technologies that influence personal development and opinions, the right to establish and develop relationships with other human beings, and the right to be free from surveillance. Also in this regard, exact criteria should be defined and mechanisms established that ensure ethical development and ethically correct application of ‘autonomous’ systems. In light of concerns with regard to the implications of ‘autonomous’ systems on private life and privacy, consideration may be given to the ongoing debate about the introduction of two new rights: the right to meaningful human contact and the right to not be profiled, measured, analysed, coached or nudged.

Principle: Ethical principles and democratic prerequisites, Mar 9, 2018

Published by European Group on Ethics in Science and New Technologies, European Commission

Related Principles

· 7. Respect for Privacy

Privacy and data protection must be guaranteed at all stages of the life cycle of the AI system. This includes all data provided by the user, but also all information generated about the user over the course of his or her interactions with the AI system (e.g. outputs that the AI system generated for specific users, how users responded to particular recommendations, etc.). Digital records of human behaviour can reveal highly sensitive data, not only in terms of preferences, but also regarding sexual orientation, age, gender, religious and political views. The person in control of such information could use this to his her advantage. Organisations must be mindful of how data is used and might impact users, and ensure full compliance with the GDPR as well as other applicable regulation dealing with privacy and data protection.

Published by The European Commission’s High-Level Expert Group on Artificial Intelligence in Draft Ethics Guidelines for Trustworthy AI, Dec 18, 2018

5. Empowerment of every individual should be promoted, and the exercise of individuals’ rights should be encouraged, as well as the creation of opportunities for public engagement, in particular by:

a. respecting data protection and privacy rights, including where applicable the right to information, the right to access, the right to object to processing and the right to erasure, and promoting those rights through education and awareness campaigns, b. respecting related rights including freedom of expression and information, as well as non discrimination, c. recognizing that the right to object or appeal applies to technologies that influence personal development or opinions and guaranteeing, where applicable, individuals’ right not to be subject to a decision based solely on automated processing if it significantly affects them and, where not applicable, guaranteeing individuals’ right to challenge such decision, d. using the capabilities of artificial intelligence systems to foster an equal empowerment and enhance public engagement, for example through adaptable interfaces and accessible tools.

Published by 40th International Conference of Data Protection and Privacy Commissioners (ICDPPC) in Declaration On Ethics And Data Protection In Artifical Intelligence, Oct 23, 2018

· 2. NEED FOR CONSCIOUS RESPONSIBILITY WHEN CREATING AND USING AI

2.1. Risk based approach. The level of attention to ethical issues in AI and the nature of the relevant actions of AI Actors should be proportional to the assessment of the level of risk posed by specific technologies and AISs and the interests of individuals and society. Risk level assessment must take into account both the known and possible risks; in this case, the level of probability of threats should be taken into account as well as their possible scale in the short and long term. In the field of AI development, making decisions that are significant to society and the state should be accompanied by scientifically verified and interdisciplinary forecasting of socio economic consequences and risks, as well as by the examination of possible changes in the value and cultural paradigm of the development of society, while taking into account national priorities. In pursuance of this Code, the development and use of an AIS risk assessment methodology is recommended. 2.2. Responsible attitude. AI Actors should have a responsible approach to the aspects of AIS that influence society and citizens at every stage of the AIS life cycle. These include privacy; the ethical, safe and responsible use of personal data; the nature, degree and amount of damage that may follow as a result of the use of the technology and AIS; and the selection and use of companion hardware and software. In this case, the responsibility of the AI Actors must correspond to the nature, degree and amount of damage that may occur as a result of the use of technologies and AIS, while taking into account the role of the AI Actor in the life cycle of AIS, as well as the degree of possible and real impact of a particular AI Actor on causing damage, as well as its size. 2.3. Precautions. When the activities of AI Actors can lead to morally unacceptable consequences for individuals and society, the occurrence of which the corresponding AI Actor can reasonably assume, measures should be taken to prevent or limit the occurrence of such consequences. To assess the moral acceptability of consequences and the possible measures to prevent them, Actors can use the provisions of this Code, including the mechanisms specified in Section 2. 2.4. No harm. AI Actors should not allow use of AI technologies for the purpose of causing harm to human life, the environment and or the health or property of citizens and legal entities. Any application of an AIS capable of purposefully causing harm to the environment, human life or health or the property of citizens and legal entities during any stage, including design, development, testing, implementation or operation, is unacceptable. 2.5. Identification of AI in communication with a human. AI Actors are encouraged to ensure that users are informed of their interactions with the AIS when it affects their rights and critical areas of their lives and to ensure that such interactions can be terminated at the request of the user. 2.6. Data security AI Actors must comply with the legislation of the Russian Federation in the field of personal data and secrets protected by law when using an AIS. Furthermore, they must ensure the protection and protection of personal data processed by an AIS or AI Actors in order to develop and improve the AIS by developing and implementing innovative methods of controlling unauthorized access by third parties to personal data and using high quality and representative datasets from reliable sources and obtained without breaking the law. 2.7. Information security. AI Actors should provide the maximum possible protection against unauthorized interference in the work of the AI by third parties by introducing adequate information security technologies, including the use of internal mechanisms for protecting the AIS from unauthorized interventions and informing users and developers about such interventions. They must also inform users about the rules regarding information security when using the AIS. 2.8. Voluntary certification and Code compliance. AI Actors can implement voluntary certification for the compliance of the developed AI technologies with the standards established by the legislation of the Russian Federation and this Code. AI Actors can create voluntary certification and AIS labeling systems that indicate that these systems have passed voluntary certification procedures and confirm quality standards. 2.9. Control of the recursive self improvement of AISs. AI Actors are encouraged to collaborate in the identification and verification of methods and forms of creating universal ("strong") AIS and the prevention of the possible threats that AIS carry. The use of "strong" AI technologies should be under the control of the state.

Published by AI Alliance Russia in Artificial Intelligence Code of Ethics, Oct 26, 2021

· Right to Privacy, and Data Protection

32. Privacy, a right essential to the protection of human dignity, human autonomy and human agency, must be respected, protected and promoted throughout the life cycle of AI systems. It is important that data for AI systems be collected, used, shared, archived and deleted in ways that are consistent with international law and in line with the values and principles set forth in this Recommendation, while respecting relevant national, regional and international legal frameworks. 33. Adequate data protection frameworks and governance mechanisms should be established in a multi stakeholder approach at the national or international level, protected by judicial systems, and ensured throughout the life cycle of AI systems. Data protection frameworks and any related mechanisms should take reference from international data protection principles and standards concerning the collection, use and disclosure of personal data and exercise of their rights by data subjects while ensuring a legitimate aim and a valid legal basis for the processing of personal data, including informed consent. 34. Algorithmic systems require adequate privacy impact assessments, which also include societal and ethical considerations of their use and an innovative use of the privacy by design approach. AI actors need to ensure that they are accountable for the design and implementation of AI systems in such a way as to ensure that personal information is protected throughout the life cycle of the AI system.

Published by The United Nations Educational, Scientific and Cultural Organization (UNESCO) in The Recommendation on the Ethics of Artificial Intelligence, Nov 24, 2021

· Transparency and explainability

37. The transparency and explainability of AI systems are often essential preconditions to ensure the respect, protection and promotion of human rights, fundamental freedoms and ethical principles. Transparency is necessary for relevant national and international liability regimes to work effectively. A lack of transparency could also undermine the possibility of effectively challenging decisions based on outcomes produced by AI systems and may thereby infringe the right to a fair trial and effective remedy, and limits the areas in which these systems can be legally used. 38. While efforts need to be made to increase transparency and explainability of AI systems, including those with extra territorial impact, throughout their life cycle to support democratic governance, the level of transparency and explainability should always be appropriate to the context and impact, as there may be a need to balance between transparency and explainability and other principles such as privacy, safety and security. People should be fully informed when a decision is informed by or is made on the basis of AI algorithms, including when it affects their safety or human rights, and in those circumstances should have the opportunity to request explanatory information from the relevant AI actor or public sector institutions. In addition, individuals should be able to access the reasons for a decision affecting their rights and freedoms, and have the option of making submissions to a designated staff member of the private sector company or public sector institution able to review and correct the decision. AI actors should inform users when a product or service is provided directly or with the assistance of AI systems in a proper and timely manner. 39. From a socio technical lens, greater transparency contributes to more peaceful, just, democratic and inclusive societies. It allows for public scrutiny that can decrease corruption and discrimination, and can also help detect and prevent negative impacts on human rights. Transparency aims at providing appropriate information to the respective addressees to enable their understanding and foster trust. Specific to the AI system, transparency can enable people to understand how each stage of an AI system is put in place, appropriate to the context and sensitivity of the AI system. It may also include insight into factors that affect a specific prediction or decision, and whether or not appropriate assurances (such as safety or fairness measures) are in place. In cases of serious threats of adverse human rights impacts, transparency may also require the sharing of code or datasets. 40. Explainability refers to making intelligible and providing insight into the outcome of AI systems. The explainability of AI systems also refers to the understandability of the input, output and the functioning of each algorithmic building block and how it contributes to the outcome of the systems. Thus, explainability is closely related to transparency, as outcomes and ub processes leading to outcomes should aim to be understandable and traceable, appropriate to the context. AI actors should commit to ensuring that the algorithms developed are explainable. In the case of AI applications that impact the end user in a way that is not temporary, easily reversible or otherwise low risk, it should be ensured that the meaningful explanation is provided with any decision that resulted in the action taken in order for the outcome to be considered transparent. 41. Transparency and explainability relate closely to adequate responsibility and accountability measures, as well as to the trustworthiness of AI systems.

Published by The United Nations Educational, Scientific and Cultural Organization (UNESCO) in The Recommendation on the Ethics of Artificial Intelligence, Nov 24, 2021