Recommendations for the treatment of personal data derived from the use of Artificial Intelligence

Principle: Recommendations for the treatment of personal data derived from the use of Artificial Intelligence, May 8, 2022

Published by National Institute of Transparency, Access to Information and Protection of Personal Data (INAI)

Related Principles

· (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.

Published by Cabinet Office, Government of Japan in Social Principles of Human-centric AI, Dec 27, 2018

3.

In order to fully utilize the opportunities brought by artificial intelligence, China and France are committed to deepening discussions on the international governance model of artificial intelligence. This governance should take into account the flexibility required for the rapid development of technology, while providing necessary protection for the rights of personal data, artificial intelligence users, and users whose works are used by artificial intelligence.

Published by China Government in Joint Statement between the People's Republic of China and the French Republic on Artificial Intelligence and Global Governance, May 7, 2024

4. As part of an overall “ethics by design” approach, artificial intelligence systems should be designed and developed responsibly, by applying the principles of privacy by default and privacy by design, in particular by:

a. implementing technical and organizational measures and procedures – proportional to the type of system that is developed – to ensure that data subjects’ privacy and personal data are respected, both when determining the means of the processing and at the moment of data processing, b. assessing and documenting the expected impacts on individuals and society at the beginning of an artificial intelligence project and for relevant developments during its entire life cycle, and c. identifying specific requirements for ethical and fair use of the systems and for respecting human rights as part of the development and operations of any artificial intelligence system,

Published by 40th International Conference of Data Protection and Privacy Commissioners (ICDPPC) in Declaration On Ethics And Data Protection In Artifical Intelligence, Oct 23, 2018

5. Data Provenance

A description of the way in which the training data was collected should be maintained by the builders of the algorithms, accompanied by an exploration of the potential biases induced by the human or algorithmic data gathering process. Public scrutiny of the data provides maximum opportunity for corrections. However, concerns over privacy, protecting trade secrets, or revelation of analytics that might allow malicious actors to game the system can justify restricting access to qualified and authorized individuals.

Published by ACM US Public Policy Council (USACM) in Principles for Algorithmic Transparency and Accountability, Jan 12, 2017