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.
Principle: Ethically Aligned Design (v2): General Principles, (v1) Dec 13, 2016. (v2) Dec 12, 2017

Published by The IEEE Global Initiative on Ethics of Autonomous and Intelligent Systems

Related Principles

Human centred values

Throughout their lifecycle, AI systems should respect human rights, diversity, and the autonomy of individuals. This principle aims to ensure that AI systems are aligned with human values. Machines should serve humans, and not the other way around. AI systems should enable an equitable and democratic society by respecting, protecting and promoting human rights, enabling diversity, respecting human freedom and the autonomy of individuals, and protecting the environment. Human rights risks need to be carefully considered, as AI systems can equally enable and hamper such fundamental rights. It’s permissible to interfere with certain human rights where it’s reasonable, necessary and proportionate. All people interacting with AI systems should be able to keep full and effective control over themselves. AI systems should not undermine the democratic process, and should not undertake actions that threaten individual autonomy, like deception, unfair manipulation, unjustified surveillance, and failing to maintain alignment between a disclosed purpose and true action. AI systems should be designed to augment, complement and empower human cognitive, social and cultural skills. Organisations designing, developing, deploying or operating AI systems should ideally hire staff from diverse backgrounds, cultures and disciplines to ensure a wide range of perspectives, and to minimise the risk of missing important considerations only noticeable by some stakeholders.

Published by Department of Industry, Innovation and Science, Australian Government in AI Ethics Principles, Nov 7, 2019

(c) Responsibility

The principle of responsibility must be fundamental to AI research and application. ‘Autonomous’ systems should only be developed and used in ways that serve the global social and environmental good, as determined by outcomes of deliberative democratic processes. This implies that they should be designed so that their effects align with a plurality of fundamental human values and rights. As the potential misuse of ‘autonomous’ technologies poses a major challenge, risk awareness and a precautionary approach are crucial. Applications of AI and robotics should not pose unacceptable risks of harm to human beings, and not compromise human freedom and autonomy by illegitimately and surreptitiously reducing options for and knowledge of citizens. They should be geared instead in their development and use towards augmenting access to knowledge and access to opportunities for individuals. Research, design and development of AI, robotics and ‘autonomous’ systems should be guided by an authentic concern for research ethics, social accountability of developers, and global academic cooperation to protect fundamental rights and values and aim at designing technologies that support these, and not detract from them.

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

· Transparency and explainability

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. 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. 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. 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. Transparency and explainability relate closely to adequate responsibility and accountability measures, as well as to the trustworthiness of AI systems.

Published by The United Nations Educational, Scientific and Cultural Organization (UNESCO) in Draft Text of The Recommendation on the Ethics of Artificial Intelligence, Nov 24, 2021

1 Protect autonomy

Adoption of AI can lead to situations in which decision making could be or is in fact transferred to machines. The principle of autonomy requires that any extension of machine autonomy not undermine human autonomy. In the context of health care, this means that humans should remain in full control of health care systems and medical decisions. AI systems should be designed demonstrably and systematically to conform to the principles and human rights with which they cohere; more specifically, they should be designed to assist humans, whether they be medical providers or patients, in making informed decisions. Human oversight may depend on the risks associated with an AI system but should always be meaningful and should thus include effective, transparent monitoring of human values and moral considerations. In practice, this could include deciding whether to use an AI system for a particular health care decision, to vary the level of human discretion and decision making and to develop AI technologies that can rank decisions when appropriate (as opposed to a single decision). These practicescan ensure a clinician can override decisions made by AI systems and that machine autonomy can be restricted and made “intrinsically reversible”. Respect for autonomy also entails the related duties to protect privacy and confidentiality and to ensure informed, valid consent by adopting appropriate legal frameworks for data protection. These should be fully supported and enforced by governments and respected by companies and their system designers, programmers, database creators and others. AI technologies should not be used for experimentation or manipulation of humans in a health care system without valid informed consent. The use of machine learning algorithms in diagnosis, prognosis and treatment plans should be incorporated into the process for informed and valid consent. Essential services should not be circumscribed or denied if an individual withholds consent and that additional incentives or inducements should not be offered by either a government or private parties to individuals who do provide consent. Data protection laws are one means of safeguarding individual rights and place obligations on data controllers and data processors. Such laws are necessary to protect privacy and the confidentiality of patient data and to establish patients’ control over their data. Construed broadly, data protection laws should also make it easy for people to access their own health data and to move or share those data as they like. Because machine learning requires large amounts of data – big data – these laws are increasingly important.

Published by World Health Organization (WHO) in Key ethical principles for use of artificial intelligence for health, Jun 28, 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.

Published by World Health Organization (WHO) in Key ethical principles for use of artificial intelligence for health, Jun 28, 2021