· (3) Privacy

In society premised on AI, it is possible to estimate each person’s political position, economic situation, hobbies preferences, etc. with high accuracy from data on the data subject’s personal behavior. This means, when utilizing AI, that more careful treatment of personal data is necessary than simply utilizing personal information. To ensure that people are not suffered disadvantages from unexpected sharing or utilization of personal data through the internet for instance, each stakeholder must handle personal data based on the following principles. Companies or government should not infringe individual person’s freedom, dignity and equality in utilization of personal data with AI technologies. AI that uses personal data should have a mechanism that ensures accuracy and legitimacy and enable the person herself himself to be substantially involved in the management of her his privacy data. As a result, when using the AI, people can provide personal data without concerns and effectively benefit from the data they provide. Personal data must be properly protected according to its importance and sensitivity. Personal data varies from those unjust use of which would be likely to greatly affect rights and benefits of individuals (Typically thought and creed, medical history, criminal record, etc.) to those that are semi public in social life. Taking this into consideration, we have to pay enough attention to the balance between the use and protection of personal data based on the common understanding of society and the cultural background.
Principle: Social Principles of Human-centric AI (Draft), Dec 27, 2018

Published by Cabinet Office, Government of Japan

Related Principles

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.

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

· 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

6. Principle of privacy

Users and data providers should take into consideration that the utilization of AI systems or AI services will not infringe on the privacy of users’ or others. [Main points to discuss] A) Respect for the privacy of others With consideration of social contexts and reasonable expectations of people in the utilization of AI, users may be expected to respect the privacy of others in the utilization of AI. In addition, users may be expected to consider measures to be taken against privacy infringement caused by AI in advance. B) Respect for the privacy of others in the collection, analysis, provision, etc. of personal data Users and data providers may be expected to respect the privacy of others in the collection, analysis, provision, etc. of personal data used for learning or other methods of AI. C) Consideration for the privacy, etc. of the subject of profiling which uses AI In the case of profiling by using AI in fields where the judgments of AI might have significant influences on individual rights and interests, such as the fields of personnel evaluation, recruitment, and financing, AI service providers and business users may be expected to pay due consideration to the privacy, etc. of the subject of profiling. D) Attention to the infringement of the privacy of users’ or others Consumer users may be expected to pay attention not to give information that is highly confidential (including information on others as well as information on users’ themselves) to AI carelessly, by excessively empathizing with AI such as pet robots, or by other causes. E) Prevention of personal data leakage AI service providers, business users, and data providers may be expected to take appropriate measures so that personal data should not be provided by the judgments of AI to third parties without consent of the person.

Published by Ministry of Internal Affairs and Communications (MIC), the Government of Japan in Draft AI Utilization Principles, Jul 17, 2018

8. Principle of fairness

AI service providers, business users, and data providers should take into consideration that individuals will not be discriminated unfairly by the judgments of AI systems or AI services. [Main points to discuss] A) Attention to the representativeness of data used for learning or other methods of AI AI service providers, business users, and data providers may be expected to pay attention to the representativeness of data used for learning or other methods of AI and the social bias inherent in the data so that individuals should not be unfairly discriminated against due to their race, religion, gender, etc. as a result of the judgment of AI. In light of the characteristics of the technologies to be used and their usage, in what cases and to what extent is attention expected to be paid to the representativeness of data used for learning or other methods and the social bias inherent in the data? Note: The representativeness of data refers to the fact that data sampled and used do not distort the propensity of the population of data. B) Attention to unfair discrimination by algorithm AI service providers and business users may be expected to pay attention to the possibility that individuals may be unfairly discriminated against due to their race, religion, gender, etc. by the algorithm of AI. C) Human intervention Regarding the judgment made by AI, AI service providers and business users may be expected to make judgments as to whether to use the judgments of AI, how to use it, or other matters, with consideration of social contexts and reasonable expectations of people in the utilization of AI, so that individuals should not be unfairly discriminated against due to their race, religion, gender, etc. In light of the characteristics of the technologies to be used and their usage, in what cases and to what extent is human intervention expected?

Published by Ministry of Internal Affairs and Communications (MIC), the Government of Japan in Draft AI Utilization Principles, Jul 17, 2018

3 PROTECTION OF PRIVACY AND INTIMACY PRINCIPLE

Privacy and intimacy must be protected from AIS intrusion and data acquisition and archiving systems (DAAS). 1) Personal spaces in which people are not subjected to surveillance or digital evaluation must be protected from the intrusion of AIS and data acquisition and archiving systems (DAAS). 2) The intimacy of thoughts and emotions must be strictly protected from AIS and DAAS uses capable of causing harm, especially uses that impose moral judgments on people or their lifestyle choices. 3) People must always have the right to digital disconnection in their private lives, and AIS should explicitly offer the option to disconnect at regular intervals, without encouraging people to stay connected. 4) People must have extensive control over information regarding their preferences. AIS must not create individual preference profiles to influence the behavior of the individuals without their free and informed consent. 5) DAAS must guarantee data confidentiality and personal profile anonymity. 6) Every person must be able to exercise extensive control over their personal data, especially when it comes to its collection, use, and dissemination. Access to AIS and digital services by individuals must not be made conditional on their abandoning control or ownership of their personal data. 7) Individuals should be free to donate their personal data to research organizations in order to contribute to the advancement of knowledge. 8) The integrity of one’s personal identity must be guaranteed. AIS must not be used to imitate or alter a person’s appearance, voice, or other individual characteristics in order to damage one’s reputation or manipulate other people.

Published by University of Montreal in The Montreal Declaration for a Responsible Development of Artificial Intelligence, Dec 4, 2018