9. Ban the Attribution of Responsibility to Robots

Robots should be designed and operated as far as is practicable to comply with existing laws, fundamental rights and freedoms, including privacy. This is linked to the question of legal responsibility. In line with Bryson et al 2011, UNI Global Union asserts that legal responsibility for a robot should be attributed to a person. Robots are not responsible parties under the law.
Principle: Top 10 Principles For Ethical Artificial Intelligence, Dec 11, 2017

Published by UNI Global Union

Related Principles

(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.

Published by European Group on Ethics in Science and New Technologies, European Commission in Ethical principles and democratic prerequisites, Mar 9, 2018

(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.

Published by European Group on Ethics in Science and New Technologies, European Commission in Ethical principles and democratic prerequisites, Mar 9, 2018

1. Principle 1 — Human Rights

Issue: How can we ensure that A IS do not infringe upon human rights? [Candidate Recommendations] To best honor human rights, society must assure the safety and security of A IS so that they are designed and operated in a way that benefits humans: 1. Governance frameworks, including standards and regulatory bodies, should be established to oversee processes assuring that the use of A IS does not infringe upon human rights, freedoms, dignity, and privacy, and of traceability to contribute to the building of public trust in A IS. 2. A way to translate existing and forthcoming legal obligations into informed policy and technical considerations is needed. Such a method should allow for differing cultural norms as well as legal and regulatory frameworks. 3. For the foreseeable future, A IS should not be granted rights and privileges equal to human rights: A IS should always be subordinate to human judgment and control.

Published by The IEEE Global Initiative on Ethics of Autonomous and Intelligent Systems in Ethically Aligned Design (v2): General Principles, (v1) Dec 13, 2016. (v2) Dec 12, 2017

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

4. Adopt a Human In Command Approach

An absolute precondition is that the development of AI must be responsible, safe and useful, where machines maintain the legal status of tools, and legal persons retain control over, and responsibility for, these machines at all times. This entails that AI systems should be designed and operated to comply with existing law, including privacy. Workers should have the right to access, manage and control the data AI systems generate, given said systems’ power to analyse and utilize that data (See principle 1 in “Top 10 principles for workers’ data privacy and protection”). Workers must also have the ‘right of explanation’ when AI systems are used in human resource procedures, such as recruitment, promotion or dismissal.

Published by UNI Global Union in Top 10 Principles For Ethical Artificial Intelligence, Dec 11, 2017