· Right to Privacy, and Data Protection

32. Privacy, a right essential to the protection of human dignity, human autonomy and human agency, must be respected, protected and promoted throughout the life cycle of AI systems. It is important that data for AI systems be collected, used, shared, archived and deleted in ways that are consistent with international law and in line with the values and principles set forth in this Recommendation, while respecting relevant national, regional and international legal frameworks. 33. Adequate data protection frameworks and governance mechanisms should be established in a multi stakeholder approach at the national or international level, protected by judicial systems, and ensured throughout the life cycle of AI systems. Data protection frameworks and any related mechanisms should take reference from international data protection principles and standards concerning the collection, use and disclosure of personal data and exercise of their rights by data subjects while ensuring a legitimate aim and a valid legal basis for the processing of personal data, including informed consent. 34. Algorithmic systems require adequate privacy impact assessments, which also include societal and ethical considerations of their use and an innovative use of the privacy by design approach. AI actors need to ensure that they are accountable for the design and implementation of AI systems in such a way as to ensure that personal information is protected throughout the life cycle of the AI system.
Principle: The Recommendation on the Ethics of Artificial Intelligence, Nov 24, 2021

Published by The United Nations Educational, Scientific and Cultural Organization (UNESCO)

Related Principles

Privacy protection and security

Throughout their lifecycle, AI systems should respect and uphold privacy rights and data protection, and ensure the security of data. This principle aims to ensure respect for privacy and data protection when using AI systems. This includes ensuring proper data governance, and management, for all data used and generated by the AI system throughout its lifecycle. For example, maintaining privacy through appropriate data anonymisation where used by AI systems. Further, the connection between data, and inferences drawn from that data by AI systems, should be sound and assessed in an ongoing manner. This principle also aims to ensure appropriate data and AI system security measures are in place. This includes the identification of potential security vulnerabilities, and assurance of resilience to adversarial attacks. Security measures should account for unintended applications of AI systems, and potential abuse risks, with appropriate mitigation measures.

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

(h) Data protection and privacy

In an age of ubiquitous and massive collection of data through digital communication technologies, the right to protection of personal information and the right to respect for privacy are crucially challenged. Both physical AI robots as part of the Internet of Things, as well as AI softbots that operate via the World Wide Web must comply with data protection regulations and not collect and spread data or be run on sets of data for whose use and dissemination no informed consent has been given. ‘Autonomous’ systems must not interfere with the right to private life which comprises the right to be free from technologies that influence personal development and opinions, the right to establish and develop relationships with other human beings, and the right to be free from surveillance. Also in this regard, exact criteria should be defined and mechanisms established that ensure ethical development and ethically correct application of ‘autonomous’ systems. In light of concerns with regard to the implications of ‘autonomous’ systems on private life and privacy, consideration may be given to the ongoing debate about the introduction of two new rights: the right to meaningful human contact and the right to not be profiled, measured, analysed, coached or nudged.

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

4. Privacy and security by design

AI systems are fuelled by data, and Telefónica is committed to respecting people’s right to privacy and their personal data. The data used in AI systems can be personal or anonymous aggregated. When processing personal data, according to Telefónica’s privacy policy, we will at all times comply with the principles of lawfulness, fairness and transparency, data minimisation, accuracy, storage limitation, integrity and confidentiality. When using anonymized and or aggregated data, we will use the principles set out in this document. In order to ensure compliance with our Privacy Policy we use a Privacy by Design methodology. When building AI systems, as with other systems, we follow Telefónica’s Security by Design approach. We apply, according to Telefónica’s privacy policy, in all of the processing cycle phases, the technical and organizational measures required to guarantee a level of security adequate to the risk to which the personal information may be exposed and, in any case, in accordance with the security measures established in the law in force in each of the countries and or regions in which we operate.

Published by Telefónica in AI Principles of Telefónica, Oct 30, 2018

· Responsibility and accountability

42. AI actors and Member States should respect, protect and promote human rights and fundamental freedoms, and should also promote the protection of the environment and ecosystems, assuming their respective ethical and legal responsibility, in accordance with national and international law, in particular Member States’ human rights obligations, and ethical guidance throughout the life cycle of AI systems, including with respect to AI actors within their effective territory and control. The ethical responsibility and liability for the decisions and actions based in any way on an AI system should always ultimately be attributable to AI actors corresponding to their role in the life cycle of the AI system. 43. Appropriate oversight, impact assessment, audit and due diligence mechanisms, including whistle blowers’ protection, should be developed to ensure accountability for AI systems and their impact throughout their life cycle. Both technical and institutional designs should ensure auditability and traceability of (the working of) AI systems in particular to address any conflicts with human rights norms and standards and threats to environmental and ecosystem well being.

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

4. Adopt a Human In Command Approach

An absolute precondition is that the development of AI must be responsible, safe and useful, where machines maintain the legal status of tools, and legal persons retain control over, and responsibility for, these machines at all times. This entails that AI systems should be designed and operated to comply with existing law, including privacy. Workers should have the right to access, manage and control the data AI systems generate, given said systems’ power to analyse and utilize that data (See principle 1 in “Top 10 principles for workers’ data privacy and protection”). Workers must also have the ‘right of explanation’ when AI systems are used in human resource procedures, such as recruitment, promotion or dismissal.

Published by UNI Global Union in Top 10 Principles For Ethical Artificial Intelligence, Dec 11, 2017