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相称性和不损害

25. It should be recognized that AI technologies do not necessarily, per se, ensure human and environmental and ecosystem flourishing. Furthermore, none of the processes related to the AI system life cycle shall exceed what is necessary to achieve legitimate aims or objectives and should be appropriate to the context. In the event of possible occurrence of any harm to human beings, human rights and fundamental freedoms, communities and society at large or the environment and ecosystems, the implementation of procedures for risk assessment and the adoption of measures in order to preclude the occurrence of such harm should be ensured. 26. The choice to use AI systems and which AI method to use should be justified in the following ways: (a) the AI method chosen should be appropriate and proportional to achieve a given legitimate aim; (b) the AI method chosen should not infringe upon the foundational values captured in this document, in particular, its use must not violate or abuse human rights; and (c) the AI method should be appropriate to the context and should be based on rigorous scientific foundations. In scenarios where decisions are understood to have an impact that is irreversible or difficult to reverse or may involve life and death decisions, final human determination should apply. In particular, AI systems should not be used for social scoring or mass surveillance purposes.

原则: 人工智能伦理问题建议书, Nov 24, 2021

作者：The United Nations Educational, Scientific and Cultural Organization (UNESCO)

相关原则

Proportionality and harmlessness.

It should be recognised that AI technologies do not necessarily, in and of themselves, guarantee the prosperity of humans or the environment and ecosystems. In the event that any harm to humans may occur, risk assessment procedures should be applied and measures taken to prevent such harm from occurring. In other words, for a human person to be legally responsible for the decisions he or she makes to carry out one or more actions, there must be discernment (full human mental faculties), intention (human drive or desire) and freedom (to act in a calculated and premeditated manner). Therefore, to avoid falling into anthropomorphisms that could hinder eventual regulations and or wrong attributions, it is important to establish the conception of artificial intelligences as artifices, that is, as technology, a thing, an artificial means to achieve human objectives but which should not be confused with a human person. That is, the algorithm can execute, but the decision must necessarily fall on the person and therefore, so must the responsibility. Consequently, it emerges that an algorithm does not possess self determination and or agency to make decisions freely (although many times in colloquial language the concept of "decision" is used to describe a classification executed by an algorithm after training), and therefore it cannot be held responsible for the actions that are executed through said algorithm in question.

由 OFFICE OF THE CHIEF OF MINISTERS UNDERSECRETARY OF INFORMATION TECHNOLOGIES 在关于可靠人工智能的建议发表, Jnue 2, 2023

Contestability

When an AI system significantly impacts a person, community, group or environment, there should be a timely process to allow people to challenge the use or output of the AI system. This principle aims to ensure the provision of efficient, accessible mechanisms that allow people to challenge the use or output of an AI system, when that AI system significantly impacts a person, community, group or environment. The definition of the threshold for ‘significant impact’ will depend on the context, impact and application of the AI system in question. Knowing that redress for harm is possible, when things go wrong, is key to ensuring public trust in AI. Particular attention should be paid to vulnerable persons or groups. There should be sufficient access to the information available to the algorithm, and inferences drawn, to make contestability effective. In the case of decisions significantly affecting rights, there should be an effective system of oversight, which makes appropriate use of human judgment.

由 Department of Industry, Innovation and Science, Australian Government 在人工智能伦理原则（AI Ethics Principles）发表, Nov 7, 2019

· 2. The Principle of Non maleficence: “Do no Harm”

AI systems should not harm human beings. By design, AI systems should protect the dignity, integrity, liberty, privacy, safety, and security of human beings in society and at work. AI systems should not threaten the democratic process, freedom of expression, freedoms of identify, or the possibility to refuse AI services. At the very least, AI systems should not be designed in a way that enhances existing harms or creates new harms for individuals. Harms can be physical, psychological, financial or social. AI specific harms may stem from the treatment of data on individuals (i.e. how it is collected, stored, used, etc.). To avoid harm, data collected and used for training of AI algorithms must be done in a way that avoids discrimination, manipulation, or negative profiling. Of equal importance, AI systems should be developed and implemented in a way that protects societies from ideological polarization and algorithmic determinism. Vulnerable demographics (e.g. children, minorities, disabled persons, elderly persons, or immigrants) should receive greater attention to the prevention of harm, given their unique status in society. Inclusion and diversity are key ingredients for the prevention of harm to ensure suitability of these systems across cultures, genders, ages, life choices, etc. Therefore not only should AI be designed with the impact on various vulnerable demographics in mind but the above mentioned demographics should have a place in the design process (rather through testing, validating, or other). Avoiding harm may also be viewed in terms of harm to the environment and animals, thus the development of environmentally friendly AI may be considered part of the principle of avoiding harm. The Earth’s resources can be valued in and of themselves or as a resource for humans to consume. In either case it is necessary to ensure that the research, development, and use of AI are done with an eye towards environmental awareness.

由 The European Commission’s High-Level Expert Group on Artificial Intelligence 在 “可信赖的人工智能”伦理准则草案（Draft Ethics Guidelines for Trustworthy AI）发表, Dec 18, 2018

· 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.

由 The United Nations Educational, Scientific and Cultural Organization (UNESCO) 在人工智能伦理问题建议书发表, Nov 24, 2021

4 Foster responsibility and accountability

Humans require clear, transparent specification of the tasks that systems can perform and the conditions under which they can achieve the desired level of performance; this helps to ensure that health care providers can use an AI technology responsibly. Although AI technologies perform specific tasks, it is the responsibility of human stakeholders to ensure that they can perform those tasks and that they are used under appropriate conditions. Responsibility can be assured by application of “human warranty”, which implies evaluation by patients and clinicians in the development and deployment of AI technologies. In human warranty, regulatory principles are applied upstream and downstream of the algorithm by establishing points of human supervision. The critical points of supervision are identified by discussions among professionals, patients and designers. The goal is to ensure that the algorithm remains on a machine learning development path that is medically effective, can be interrogated and is ethically responsible; it involves active partnership with patients and the public, such as meaningful public consultation and debate (101). Ultimately, such work should be validated by regulatory agencies or other supervisory authorities. When something does go wrong in application of an AI technology, there should be accountability. Appropriate mechanisms should be adopted to ensure questioning by and redress for individuals and groups adversely affected by algorithmically informed decisions. This should include access to prompt, effective remedies and redress from governments and companies that deploy AI technologies for health care. Redress should include compensation, rehabilitation, restitution, sanctions where necessary and a guarantee of non repetition. The use of AI technologies in medicine requires attribution of responsibility within complex systems in which responsibility is distributed among numerous agents. When medical decisions by AI technologies harm individuals, responsibility and accountability processes should clearly identify the relative roles of manufacturers and clinical users in the harm. This is an evolving challenge and remains unsettled in the laws of most countries. Institutions have not only legal liability but also a duty to assume responsibility for decisions made by the algorithms they use, even if it is not feasible to explain in detail how the algorithms produce their results. To avoid diffusion of responsibility, in which “everybody’s problem becomes nobody’s responsibility”, a faultless responsibility model (“collective responsibility”), in which all the agents involved in the development and deployment of an AI technology are held responsible, can encourage all actors to act with integrity and minimize harm. In such a model, the actual intentions of each agent (or actor) or their ability to control an outcome are not considered.

由 World Health Organization (WHO) 在卫生健康领域人工智能的核心伦理原则（Key ethical principles for use of artificial intelligence for health）发表, Jun 28, 2021