Safe and Ethical AI (SEA) Platform Network · Linking Artificial Intelligence Principles (LAIP)

· 4. Governance of AI Autonomy (Human oversight)

The correct approach to assuring properties such as safety, accuracy, adaptability, privacy, explicability, compliance with the rule of law and ethical conformity heavily depends on specific details of the AI system, its area of application, its level of impact on individuals, communities or society and its level of autonomy. The level of autonomy results from the use case and the degree of sophistication needed for a task. All other things being equal, the greater degree of autonomy that is given to an AI system, the more extensive testing and stricter governance is required. It must be ensured that AI systems continue to behave as intended when feedback signals become sparser. Depending on the area of application and or the level of impact on individuals, communities or society of the AI system, different levels or instances of governance (incl. human oversight) will be necessary. This is relevant for a large number of AI applications, and more particularly for the use of AI to suggest or take decisions concerning individuals or communities (algorithmic decision support). Good governance of AI autonomy in this respect includes for instance more or earlier human intervention depending on the level of societal impact of the AI system. This also includes the predicament that a user of an AI system, particularly in a work or decision making environment, is allowed to deviate from a path or decision chosen or recommended by the AI system.

Principle: Draft Ethics Guidelines for Trustworthy AI, Dec 18, 2018

Published by The European Commission’s High-Level Expert Group on Artificial Intelligence

Related Principles

1. Transparency and Explainability

Transparency refers to providing disclosure on when an AI system is being used and the involvement of an AI system in decision making, what kind of data it uses, and its purpose. By disclosing to individuals that AI is used in the system, individuals will become aware and can make an informed choice of whether to use the AIenabled system. Explainability is the ability to communicate the reasoning behind an AI system’s decision in a way that is understandable to a range of people, as it is not always clear how an AI system has arrived at a conclusion. This allows individuals to know the factors contributing to the AI system’s recommendation. In order to build public trust in AI, it is important to ensure that users are aware of the use of AI technology and understand how information from their interaction is used and how the AI system makes its decisions using the information provided. In line with the principle of transparency, deployers have a responsibility to clearly disclose the implementation of an AI system to stakeholders and foster general awareness of the AI system being used. With the increasing use of AI in many businesses and industries, the public is becoming more aware and interested in knowing when they are interacting with AI systems. Knowing when and how AI systems interact with users is also important in helping users discern the potential harm of interacting with an AI system that is not behaving as intended. In the past, AI algorithms have been found to discriminate against female job applicants and have failed to accurately recognise the faces of dark skinned women. It is important for users to be aware of the expected behaviour of the AI systems so they can make more informed decisions about the potential harm of interacting with AI systems. An example of transparency in an AI enabled ecommerce platform is informing users that their purchase history is used by the platform’s recommendation algorithm to identify similar products and display them on the users’ feeds. In line with the principle of explainability, developers and deployers designing, developing, and deploying AI systems should also strive to foster general understanding among users of how such systems work with simple and easy to understand explanations on how the AI system makes decisions. Understanding how AI systems work will help humans know when to trust its decisions. Explanations can have varying degrees of complexity, ranging from a simple text explanation of which factors more significantly affected the decisionmaking process to displaying a heatmap over the relevant text or on the area of an image that led to the system’s decision. For example, when an AI system is used to predict the likelihood of cardiac arrest in patients, explainability can be implemented by informing medical professionals of the most significant factors (e.g., age, blood pressure, etc.) that influenced the AI system’s decision so that they can subsequently make informed decisions on their own. Where “black box” models are deployed, rendering it difficult, if not impossible to provide explanations as to the workings of the AI system, outcome based explanations, with a focus on explaining the impact of decisionmaking or results flowing from the AI system may be relied on. Alternatively, deployers may also consider focusing on aspects relating to the quality of the AI system or preparing information that could build user confidence in the outcomes of an AI system’s processing behaviour. Some of these measures are: • Documenting the repeatability of results produced by the AI system. Some practices to demonstrate repeatability include conducting repeatability assessments to ensure deployments in live environments are repeatable and performing counterfactual fairness testing to ensure that the AI system’s decisions are the same in both the real world and in the counterfactual world. Repeatability refers to the ability of the system to consistently obtain the same results, given the same scenario. Repeatability often applies within the same environment, with the same data and the same computational conditions. • Ensuring traceability by building an audit trail to document the AI system development and decisionmaking process, implementing a black box recorder that captures all input data streams, or storing data appropriately to avoid degradation and alteration. • Facilitating auditability by keeping a comprehensive record of data provenance, procurement, preprocessing, lineage, storage, and security. Such information can also be centralised digitally in a process log to increase capacity to cater the presentation of results to different tiers of stakeholders with different interests and levels of expertise. Deployers should, however, note that auditability does not necessarily entail making certain confidential information about business models or intellectual property related to the AI system publicly available. A risk based approach can be taken towards identifying the subset of AI enabled features in the AI system for which implemented auditability is necessary to align with regulatory requirements or industry practices. • Using AI Model Cards, which are short documents accompanying trained machine learning models that disclose the context in which models are intended to be used, details of the performance evaluation procedures, and other relevant information. In cases where AI systems are procured directly from developers, deployers will have to work together with these developers to achieve transparency. More on this will be covered in later sections of the Guide.

Published by ASEAN in ASEAN Guide on AI Governance and Ethics, 2024

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.

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

I. Human agency and oversight

AI systems should support individuals in making better, more informed choices in accordance with their goals. They should act as enablers to a flourishing and equitable society by supporting human agency and fundamental rights, and not decrease, limit or misguide human autonomy. The overall wellbeing of the user should be central to the system's functionality. Human oversight helps ensuring that an AI system does not undermine human autonomy or causes other adverse effects. Depending on the specific AI based system and its application area, the appropriate degrees of control measures, including the adaptability, accuracy and explainability of AI based systems, should be ensured. Oversight may be achieved through governance mechanisms such as ensuring a human in the loop, human on the loop, or human in command approach. It must be ensured that public authorities have the ability to exercise their oversight powers in line with their mandates. All other things being equal, the less oversight a human can exercise over an AI system, the more extensive testing and stricter governance is required.

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

· 8. Robustness

Trustworthy AI requires that algorithms are secure, reliable as well as robust enough to deal with errors or inconsistencies during the design, development, execution, deployment and use phase of the AI system, and to adequately cope with erroneous outcomes. Reliability & Reproducibility. Trustworthiness requires that the accuracy of results can be confirmed and reproduced by independent evaluation. However, the complexity, non determinism and opacity of many AI systems, together with sensitivity to training model building conditions, can make it difficult to reproduce results. Currently there is an increased awareness within the AI research community that reproducibility is a critical requirement in the field. Reproducibility is essential to guarantee that results are consistent across different situations, computational frameworks and input data. The lack of reproducibility can lead to unintended discrimination in AI decisions. Accuracy. Accuracy pertains to an AI’s confidence and ability to correctly classify information into the correct categories, or its ability to make correct predictions, recommendations, or decisions based on data or models. An explicit and well formed development and evaluation process can support, mitigate and correct unintended risks. Resilience to Attack. AI systems, like all software systems, can include vulnerabilities that can allow them to be exploited by adversaries. Hacking is an important case of intentional harm, by which the system will purposefully follow a different course of action than its original purpose. If an AI system is attacked, the data as well as system behaviour can be changed, leading the system to make different decisions, or causing the system to shut down altogether. Systems and or data can also become corrupted, by malicious intention or by exposure to unexpected situations. Poor governance, by which it becomes possible to intentionally or unintentionally tamper with the data, or grant access to the algorithms to unauthorised entities, can also result in discrimination, erroneous decisions, or even physical harm. Fall back plan. A secure AI has safeguards that enable a fall back plan in case of problems with the AI system. In some cases this can mean that the AI system switches from statistical to rule based procedure, in other cases it means that the system asks for a human operator before continuing the action.

Published by The European Commission’s High-Level Expert Group on Artificial Intelligence in Draft Ethics Guidelines for Trustworthy AI, 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.

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