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

9 RESPONSIBILITY PRINCIPLE

The development and use of AIS must not contribute to lessen the responsibility of human beings when decisions must be made. 1) Only human beings can be held responsible for decisions stemming from recommendations made by AIS, and the actions that proceed therefrom. 2) In all areas where a decision that affects a person’s life, quality of life, or reputation must be made, where time and circumstance permit, the ﬁnal decision must be taken by a human being and that decision should be free and informed 3) The decision to kill must always be made by human beings, and responsibility for this decision must not be transferred to an AIS. 4) People who authorize AIS to commit a crime or an offence, or demonstrate negligence by allowing AIS to commit them, are responsible for this crime or offence. 5) When damage or harm has been inﬂicted by an AIS, and the AIS is proven to be reliable and to have been used as intended, it is not reasonable to place blame on the people involved in its development or use.

Principle: The Montreal Declaration for a Responsible Development of Artificial Intelligence, Dec 4, 2018

Published by University of Montreal

Related Principles

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.

Published by OFFICE OF THE CHIEF OF MINISTERS UNDERSECRETARY OF INFORMATION TECHNOLOGIES in Recommendations for reliable artificial intelligence, Jnue 2, 2023

5 DEMOCRATIC PARTICIPATION PRINCIPLE

AIS must meet intelligibility, justiﬁability, and accessibility criteria, and must be subjected to democratic scrutiny, debate, and control. 1) AIS processes that make decisions affecting a person’s life, quality of life, or reputation must be intelligible to their creators. 2) The decisions made by AIS affecting a person’s life, quality of life, or reputation should always be justiﬁable in a language that is understood by the people who use them or who are subjected to the consequences of their use. Justiﬁcation consists in making transparent the most important factors and parameters shaping the decision, and should take the same form as the justiﬁcation we would demand of a human making the same kind of decision. 3) The code for algorithms, whether public or private, must always be accessible to the relevant public authorities and stakeholders for veriﬁcation and control purposes. 4) The discovery of AIS operating errors, unexpected or undesirable effects, security breaches, and data leaks must imperatively be reported to the relevant public authorities, stakeholders, and those affected by the situation. 5) In accordance with the transparency requirement for public decisions, the code for decision making algorithms used by public authorities must be accessible to all, with the exception of algorithms that present a high risk of serious danger if misused. 6) For public AIS that have a signiﬁcant impact on the life of citizens, citizens should have the opportunity and skills to deliberate on the social parameters of these AIS, their objectives, and the limits of their use. 7) We must at all times be able to verify that AIS are doing what they were programmed for and what they are used for. 8) Any person using a service should know if a decision concerning them or affecting them was made by an AIS. 9) Any user of a service employing chatbots should be able to easily identify whether they are interacting with an AIS or a real person. 10) Artiﬁcial intelligence research should remain open and accessible to all.

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

2. Right to Human Determination.

All individuals have the right to a final determination made by a person. [Explanatory Memorandum] The Right to a Human Determination reaffirms that individuals and not machines are responsible for automated decision making. In many instances, such as the operation of an autonomous vehicle, it would not be possible or practical to insert a human decision prior to an automated decision. But the aim remains to ensure accountability. Thus where an automated system fails, this principle should be understood as a requirement that a human assessment of the outcome be made.

Published by The Public Voice coalition, established by Electronic Privacy Information Center (EPIC) in Universal Guidelines for Artificial Intelligence, Oct 23, 2018

· Proportionality and Do No Harm

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.

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

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