(f) Rule of law and accountability

Rule of law, access to justice and the right to redress and a fair trial provide the necessary framework for ensuring the observance of human rights standards and potential AI specific regulations. This includes protections against risks stemming from ‘autonomous’ systems that could infringe human rights, such as safety and privacy. The whole range of legal challenges arising in the field should be addressed with timely investment in the development of robust solutions that provide a fair and clear allocation of responsibilities and efficient mechanisms of binding law. In this regard, governments and international organisations ought to increase their efforts in clarifying with whom liabilities lie for damages caused by undesired behaviour of ‘autonomous’ systems. Moreover, effective harm mitigation systems should be in place.
Principle: Ethical principles and democratic prerequisites, Mar 9, 2018

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

Related Principles

VII. Accountability

Mechanisms should be put in place to ensure responsibility and accountability for AI systems and their outcomes, both before and after their implementation. Auditability of AI systems is key in this regard, as the assessment of AI systems by internal and external auditors, and the availability of such evaluation reports, strongly contributes to the trustworthiness of the technology. External auditability should especially be ensured in applications affecting fundamental rights, including safety critical applications. Potential negative impacts of AI systems should be identified, assessed, documented and minimised. The use of impact assessments facilitates this process. These assessments should be proportionate to the extent of the risks that the AI systems pose. Trade offs between the requirements – which are often unavoidable – should be addressed in a rational and methodological manner, and should be accounted for. Finally, when unjust adverse impact occurs, accessible mechanisms should be foreseen that ensure adequate redress.

Published by European Commission in Key requirements for trustworthy AI, Apr 8, 2019

· 4. The Principle of Justice: “Be Fair”

For the purposes of these Guidelines, the principle of justice imparts that the development, use, and regulation of AI systems must be fair. Developers and implementers need to ensure that individuals and minority groups maintain freedom from bias, stigmatisation and discrimination. Additionally, the positives and negatives resulting from AI should be evenly distributed, avoiding to place vulnerable demographics in a position of greater vulnerability and striving for equal opportunity in terms of access to education, goods, services and technology amongst human beings, without discrimination. Justice also means that AI systems must provide users with effective redress if harm occurs, or effective remedy if data practices are no longer aligned with human beings’ individual or collective preferences. Lastly, the principle of justice also commands those developing or implementing AI to be held to high standards of accountability. Humans might benefit from procedures enabling the benchmarking of AI performance with (ethical) expectations.

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

Ensuring Accountability

Principle: Legal accountability has to be ensured when human agency is replaced by decisions of AI agents. Recommendations: Ensure legal certainty: Governments should ensure legal certainty on how existing laws and policies apply to algorithmic decision making and the use of autonomous systems to ensure a predictable legal environment. This includes working with experts from all disciplines to identify potential gaps and run legal scenarios. Similarly, those designing and using AI should be in compliance with existing legal frameworks. Put users first: Policymakers need to ensure that any laws applicable to AI systems and their use put users’ interests at the center. This must include the ability for users to challenge autonomous decisions that adversely affect their interests. Assign liability up front: Governments working with all stakeholders need to make some difficult decisions now about who will be liable in the event that something goes wrong with an AI system, and how any harm suffered will be remedied.

Published by Internet Society, "Artificial Intelligence and Machine Learning: Policy Paper" in Guiding Principles and Recommendations, Apr 18, 2017

7. Principle of ethics

Developers should respect human dignity and individual autonomy in R&D of AI systems. [Comment] It is encouraged that, when developing AI systems that link with the human brain and body, developers pay particularly due consideration to respecting human dignity and individual autonomy, in light of discussions on bioethics, etc. It is also encouraged that, to the extent possible in light of the characteristics of the technologies to be adopted, developers make efforts to take necessary measures so as not to cause unfair discrimination resulting from prejudice included in the learning data of the AI systems. It is advisable that developers take precautions to ensure that AI systems do not unduly infringe the value of humanity, based on the International Human Rights Law and the International Humanitarian Law.

Published by Ministry of Internal Affairs and Communications (MIC), the Government of Japan in AI R&D Principles, Jul 28, 2017

(Preamble)

New developments in Artificial Intelligence are transforming the world, from science and industry to government administration and finance. The rise of AI decision making also implicates fundamental rights of fairness, accountability, and transparency. Modern data analysis produces significant outcomes that have real life consequences for people in employment, housing, credit, commerce, and criminal sentencing. Many of these techniques are entirely opaque, leaving individuals unaware whether the decisions were accurate, fair, or even about them. We propose these Universal Guidelines to inform and improve the design and use of AI. The Guidelines are intended to maximize the benefits of AI, to minimize the risk, and to ensure the protection of human rights. These Guidelines should be incorporated into ethical standards, adopted in national law and international agreements, and built into the design of systems. We state clearly that the primary responsibility for AI systems must reside with those institutions that fund, develop, and deploy these systems.

Published by The Public Voice coalition, established by Electronic Privacy Information Center (EPIC) in Universal Guidelines for Artificial Intelligence, Oct 23, 2018