People and corporations who design and deploy AI systems must be accountable for how their systems are designed and operated. The development of AI must be responsible, safe and useful. AI must maintain the legal status of tools, and legal persons need to retain control over, and responsibility for, these tools at all times. Workers, job applicants and ex workers must also have the “right of explanation” when AI systems are used in human resource procedures, such as recruitment, promotion or dismissal. They should also be able to appeal decisions by AI and have them reviewed by a human.
III. Privacy and Data Governance
Privacy and data protection must be guaranteed at all stages of the AI system’s life cycle. Digital records of human behaviour may allow AI systems to infer not only individuals’ preferences, age and gender but also their sexual orientation, religious or political views. To allow individuals to trust the data processing, it must be ensured that they have full control over their own data, and that data concerning them will not be used to harm or discriminate against them.
In addition to safeguarding privacy and personal data, requirements must be fulfilled to ensure high quality AI systems. The quality of the data sets used is paramount to the performance of AI systems. When data is gathered, it may reflect socially constructed biases, or contain inaccuracies, errors and mistakes. This needs to be addressed prior to training an AI system with any given data set. In addition, the integrity of the data must be ensured. Processes and data sets used must be tested and documented at each step such as planning, training, testing and deployment. This should also apply to AI systems that were not developed in house but acquired elsewhere. Finally, the access to data must be adequately governed and controlled.
(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.
5. Principle of security
Published by: Ministry of Internal Affairs and Communications (MIC), the Government of Japan in AI R&D Principles
Developers should pay attention to the security of AI systems.
In addition to respecting international guidelines on security such as “OECD Guidelines for the Security of Information Systems and Networks,” it is encouraged that developers pay attention to the followings, with consideration of the possibility that AI systems might change their outputs or programs as a result of learning or other methods:
● To pay attention, as necessary, to the reliability (that is, whether the operations are performed as intended and not steered by unauthorized third parties) and robustness (that is, tolerance to physical attacks and accidents) of AI systems, in addition to: (a) confidentiality; (b) integrity; and (c) availability of information that are usually required for ensuring the information security of AI systems.
● To make efforts to conduct verification and validation in advance in order to assess and control the risks related to the security of AI systems.
● To make efforts to take measures to maintain the security to the extent possible in light of the characteristics of the technologies to be adopted throughout the process of the development of AI systems (“security by design”).
7. Secure a Just Transition and Ensuring Support for Fundamental Freedoms and Rights
As AI systems develop and augmented realities are formed, workers and work tasks will be displaced. To ensure a just transition, as well as sustainable future developments, it is vital that corporate policies are put in place that ensure corporate accountability in relation to this displacement, such as retraining programmes and job change possibilities. Governmental measures to help displaced workers retrain and find new employment are additionally required.
AI systems coupled with the wider transition to the digital economy will require that workers on all levels and in all occupations have access to social security and to continuous lifelong learning to remain employable. It is the responsibility of states and companies to find solutions that provide all workers, in all forms of work, the right to and access to both.
In addition, in a world where the casualisation or individualisation of work is rising, all workers in all forms of work must have the same, strong social and fundamental rights. All AI systems must include a check and balance on whether its deployment and augmentation go hand in hand with workers’ rights as laid out in human right laws, ILO conventions and collective agreements. An algorithm “8798” reflecting the core ILO conventions 87 and 98 that is built into the system could serve that very purpose. Upon failure, the system must be shut down.